Probate Attorney Advertising Rules in Michigan

May 3, 2026 • 6 min read •Last reviewed May 3, 2026

Estate attorneys in Michigan face a relatively permissive regulatory environment compared to states like Florida, Texas, and New York. Michigan Rule of Professional Conduct 7.3 imposes the standard ABA Model Rule prohibitions on live person-to-person solicitation for pecuniary gain, requires "Advertisement" or words of similar import on solicitation envelopes, and imposes no filing requirement. The state-specific quirk is the motor-vehicle-only 30-day hold under MCL 750.410b, which is a criminal-misdemeanor bar separate from the bar rules and which does not apply to probate.

This is a reference page, not legal advice. Michigan's rules are subject to amendment, and attorneys are responsible for their own compliance.

Quick reference summary

  • Applicable rule: MRPC 7.3; most recent substantive Rule 7.2 amendment effective May 1, 2019 (ADM File No. 2016-27)
  • Waiting period after death: None for natural-cause probate. MCL 750.410b's 30-day hold applies only to motor vehicle accidents.
  • Required disclosure: "Advertisement" or words of similar import on outside envelope and at start/end of recordings
  • Filing required: No
  • Retention: 2 years from last dissemination, plus a record of when and where used, per MRPC 7.2(b)
  • Last reviewed: May 2026

The rule itself

Michigan MRPC 7.3 prohibits live person-to-person solicitation for pecuniary gain (in-person, live phone, real-time visual or auditory contact) outside the narrow exceptions for lawyers, family, prior-relationship contacts, and similar. Written, recorded, and asynchronous electronic communications are permitted with the disclosures required by Rule 7.3(c).

The disclosure requirement under MRPC 7.3(c) is "Advertisement" or words of similar import on the outside envelope and at the start and end of any recorded or electronic communication. Michigan permits some flexibility in the exact wording, unlike Illinois (which requires "Advertising Material" verbatim per ISBA Op. 12-04).

Michigan Op. RI-276 (1996) established the framework for treating email and similar electronic communications under the direct-mail rules. A review of Michigan numbered ethics opinions 2020-2026 confirms no opinion specifically addresses probate solicitation, estate-attorney targeted direct mail, or AI-generated outreach. RI-381 (October 2023, technology competence and cybersecurity under MRPC 1.1, 1.3, 1.4, 1.6, 5.1, 5.3) and the State Bar of Michigan AI FAQs (November 2024, updated February 2025, addressing competence, diligence, confidentiality but not Rule 7.x advertising) are the closest recent technology-related guidance.

What triggers the rule for probate outreach

A written solicitation sent to a surviving spouse or family member of a recently deceased person, where the attorney has no prior relationship with the recipient, is subject to MRPC 7.3. The "Advertisement" disclosure on the envelope and at the start/end of any recordings applies. The MRPC 7.2(b) retention requirement applies.

The MCL 750.410b 30-day hold is a separate criminal-misdemeanor provision that applies only to motor vehicle accident solicitation. It does not apply to natural-cause probate prospects.

Michigan-specific requirements

Advertisement disclosure. "Advertisement" or words of similar import must appear on the outside envelope and at the start and end of recorded or electronic communications. Michigan permits some flexibility in exact wording.

MCL 750.410b. This is a criminal-misdemeanor statute that bars solicitation of motor vehicle accident victims for 30 days. It is distinct from the MRPC 7.3 bar rules and applies only to motor vehicle accident solicitation. It does not apply to probate prospects.

No filing requirement. Michigan has no rule requirement to file solicitation materials with the Attorney Discipline Board.

Retention. MRPC 7.2(b) requires retention of "a copy or recording of an advertisement or communication . . . for two years after its last dissemination along with a record of when and where it was used." The 2-year period is the longstanding Michigan standard, preserved through the most recent substantive amendment to Rule 7.2 (ADM File No. 2016-27, effective May 1, 2019, which added subsection (d) on responsible-lawyer identification but did not change retention). The original Batch 1 page incorrectly noted a January 1, 2025 effective date; the correct date for the most recent Rule 7.2 amendment is May 1, 2019.

Real-time electronic contact. Live, lawyer-initiated, real-time or interactive chat is impermissible. Email and asynchronous text messages are treated under the direct-mail framework per Op. RI-276 and are permitted with disclosures.

Prohibited content. MRPC 7.1 prohibits false or misleading communications. MRPC 7.3 bars contact after a recipient declines and bars coercion, duress, or harassment.

Common compliance failures in probate outreach

The most common Michigan-specific failures are: missing the "Advertisement" or words-of-similar-import disclosure on the envelope and at the start/end of any recordings; use of live, lawyer-initiated real-time chat; and contact after a recipient has signaled do-not-solicit.

Searches of the Michigan Attorney Discipline Board and Attorney Grievance Commission located no published 2020-2026 case in which the misconduct was specifically improper probate solicitation. ADB's public index is not exhaustive for non-public sanctions, but no on-point case surfaced.

How Probate Helper handles Michigan compliance

Probate Helper's outreach templates for Michigan include "Advertisement" on every envelope and at the start and end of any recorded or electronic communication. The wording follows the Michigan flexibility (the rule permits "words of similar import"), while ensuring the disclosure substance is clear.

Live, lawyer-initiated real-time chat is excluded from the Michigan outreach mix. Asynchronous email and SMS, where used, include the required disclosure.

MRPC 7.2(b) retention is maintained at the platform level.

What to ask any probate marketing vendor in Michigan

  • Does the vendor include "Advertisement" or words of similar import on every envelope and at the start and end of any recordings?
  • Is live, lawyer-initiated real-time chat excluded from the outreach mix?
  • Does the vendor maintain MRPC 7.2(b) retention?
  • Do I review every piece before it ships under my firm's name?

Methodology and sources

ProbateHelper's research on Michigan-specific compliance is documented in:

This page reflects ProbateHelper's reading; it does not claim to be the only possible reading.

Disclaimer

This page is not legal advice. Probate Helper is not a law firm. Michigan's bar rules are subject to amendment. Attorneys are responsible for their own compliance and should verify current rules with the State Bar of Michigan and the Attorney Discipline Board before relying on this content.

For the live rule text, see Michigan Rules of Professional Conduct. For relevant ethics opinions, see Michigan Op. RI-276.

See how Probate Helper's Michigan-compliant outreach works for your firm. For state market dynamics, see the Michigan probate leads page. For broader context, see the pillar guide to probate leads for attorneys.

Book a Demo

See how Probate Helper handles Michigan compliance

Bar-reviewed templates, state-specific disclosures, and recordkeeping built into the platform.

Book a Demo