When there is a trust that exists and there is a need or requirement to register it with the probate court, someone will need to file the Registration of Trust. By filling out the Registration of Trust and filing it with the probate court, the trust that is registered will be given jurisdiction.
The Registration of Trust is a State Court Administrative Office form. If you want to see what the notice looks like, feel free to click here for a free form. Don’t forget, if you call us and need other probate court forms, we can work on getting them for you.
Like many of the State Court Administrative Office forms, the Registration of Trust adheres to various court rules and statutes. The Registration of Trust is pursuant to MCL 700.7209, which reads:
(1) The trustee of a trust that has its principal place of administration in this state may register the trust in the court at the place designated in the terms of the trust or, if none is designated, then at the principal place of administration. For purposes of this article, the principal place of the trust’s administration is the trustee’s usual place of business where the records pertaining to the trust are kept or the trustee’s residence if the trustee does not have such a place of business. For a corporate trustee, the usual place of business is the business location of the primary trust officer for the trust.
(2) For cotrustees, if not designated in the terms of the trust, the principal place of administration is 1 of the following:
(a) If there is only 1 corporate cotrustee, the corporate trustee’s usual place of business.
(b) If there is only 1 professional fiduciary who is an individual and no corporate trustee, the professional fiduciary’s usual place of business or residence.
(c) If neither subdivision (a) nor (b) applies, the usual place of business or residence of any of the cotrustees as agreed upon by them.
In addition to this statute, the Registration of Trust is pursuant to MCL 700.7210. To learn more about the form, Darren Findling of The Probate Pro covers everything you will need to know.