Michigan Compiled Laws
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article III - Probate of Wills and Administration (700.3101...700.3988)

Section 700.3106 - Proceedings Within Jurisdiction of Court; Service; Jurisdiction Over Persons. - Sec. 3106. In a proceeding within the court's jurisdiction in...

Section 700.3107 - Proceedings; Scope; Independence. - Sec. 3107. (1) Unless a proceeding involves supervised administration as...

Section 700.3108 - Repealed. 2000, Act 54, Eff. Apr. 1, 2000. - Compiler's Notes: The repealed section pertained to statutes of limitation...

386-1998-III-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209)

Section 700.3201 - Venue for First and Subsequent Estate Proceedings; Location of Property. - Sec. 3201. (1) Venue for the first informal or formal...

Section 700.3202 - Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State. - Sec. 3202. If conflicting claims as to the decedent's domicile...

Section 700.3203 - Priority Among Persons Seeking Appointment as a General Personal Representative. - Sec. 3203. (1) For either formal or informal proceedings, subject...

Section 700.3204 - Representation by Conservator or Guardian; Appointment Without Priority; Applicability of Section and MCL 700.3203 to a General or Successor Personal Representative. - Sec. 3204. (1) A conservator of a protected individual's estate...

Section 700.3205 - Demand for Notice of Order or Filing Concerning Decedent's Estate. - Sec. 3205. A person who wants notice of any order...

Section 700.3206 - Right and Power to Make Decisions About Funeral Arrangements and Handling, Disposition, or Disinterment of Decedent's Body; Presumption; Funeral Representative Designation; Priority; "Exercise Their Rights or Powers Under Subsectio... - Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201...

Section 700.3206a - Designation of Successor Individual as Funeral Representative. - Sec. 3206a. (1) A declarant may designate in the funeral...

Section 700.3206b - Revocation of Funeral Representative Designation. - Sec. 3206b. A funeral representative designation is revoked by 1...

Section 700.3207 - Petition; Venue; Hearing; Date; Notice; Service; Funeral Establishment as Petitioner; Factors to Be Considered in Court Decision; Embalming of Decedent's Body. - Sec. 3207. (1) One or more of the following may...

Section 700.3208 - Repealed. 2016, Act 57, Eff. June 27, 2016. - Compiler's Notes: The repealed section pertained to filing action to...

Section 700.3209 - Funeral Establishment Not Civilly Liable; Reliance on Funeral Representative Designation. - Sec. 3209. (1) A funeral establishment is not required to...

386-1998-III-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311)

Section 700.3301 - Informal Probate or Appointment Proceedings; Application; Contents. - Sec. 3301. (1) An application for informal probate or informal...

Section 700.3302 - Informal Probate; Duty of Register; Effect of Informal Probate. - Sec. 3302. Upon receipt of an application requesting informal probate...

Section 700.3303 - Informal Probate; Proof and Findings Required. - Sec. 3303. (1) In an informal proceeding for original probate...

Section 700.3304 - Informal Probate; Unavailable in Certain Cases. - Sec. 3304. The register shall deny an application for informal...

Section 700.3305 - Informal Probate; Register Not Satisfied. - Sec. 3305. If the register is not satisfied that a...

Section 700.3306 - Informal Probate; Notice Requirements. - Sec. 3306. (1) Within 28 days after an informal probate...

Section 700.3307 - Informal Appointment Proceedings; Delay in Order; Duty of Register; Effect of Appointment. - Sec. 3307. (1) Upon receipt of an application for informal...

Section 700.3308 - Informal Appointment Proceedings; Proof and Required Findings. - Sec. 3308. (1) In informal appointment proceedings, the register shall...

Section 700.3309 - Informal Appointment Proceedings; Register Not Satisfied. - Sec. 3309. If the register is not satisfied that a...

Section 700.3310 - Informal Appointment Proceedings; Notice Requirements. - Sec. 3310. The applicant shall give notice as described by...

Section 700.3311 - Informal Appointment Unavailable in Certain Cases. - Sec. 3311. If an application for informal appointment indicates the...

386-1998-III-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415)

Section 700.3401 - Formal Testacy Proceedings; Nature; Commencement. - Sec. 3401. (1) A formal testacy proceeding is litigation to...

Section 700.3402 - Formal Testacy or Appointment; Proceedings; Petition; Contents. - Sec. 3402. (1) A petition for formal probate of a...

Section 700.3403 - Formal Testacy Proceedings; Notice of Hearing on Petition. - Sec. 3403. (1) Upon commencement of a formal testacy proceeding,...

Section 700.3404 - Formal Testacy Proceedings; Written Objections to Probate. - Sec. 3404. A party to a formal proceeding who opposes...

Section 700.3405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof. - Sec. 3405. (1) If a petition in a testacy proceeding...

Section 700.3406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses. - Sec. 3406. (1) If evidence concerning execution of an attested...

Section 700.3407 - Formal Testacy Proceedings; Burdens in Contested Cases. - Sec. 3407. (1) All of the following apply in a...

Section 700.3408 - Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction. - Sec. 3408. This state's court shall accept as determinative a...

Section 700.3409 - Formal Testacy Proceedings; Order; Foreign Will. - Sec. 3409. (1) After the time expires for any required...

Section 700.3410 - Formal Testacy Proceedings; Probate of More Than One Instrument. - Sec. 3410. If 2 or more instruments are offered for...

Section 700.3411 - Formal Testacy Proceedings; Partial Intestacy. - Sec. 3411. If it becomes evident in the course of...

Section 700.3412 - Formal Testacy Proceedings; Effect of Order; Vacation. - Sec. 3412. (1) Subject to appeal and subject to vacation...

Section 700.3413 - Formal Testacy Proceedings; Vacation of Order for Other Cause. - Sec. 3413. For good cause shown, an order in a...

Section 700.3414 - Formal Proceeding Concerning Appointment of Personal Representative. - Sec. 3414. (1) An interested person or a person that...

Section 700.3415 - Independent Applications to Court. - Sec. 3415. Unless supervised administration is sought and ordered, each...

386-1998-III-5 - Part 5 Supervised Administration (700.3501...700.3505)

Section 700.3501 - Supervised Administration; Nature of Proceeding. - Sec. 3501. (1) Supervised administration is a single in rem...

Section 700.3502 - Supervised Administration; Petition; Order. - Sec. 3502. (1) Any interested person or a personal representative...

Section 700.3503 - Supervised Administration; Effect on Other Proceedings. - Sec. 3503. (1) The pendency of a proceeding for supervised...

Section 700.3504 - Supervised Administration; Powers of Personal Representative. - Sec. 3504. Unless restricted by the court, a supervised personal...

Section 700.3505 - Supervised Administration; Interim Orders; Partial Distribution or Other Relief. - Sec. 3505. Unless otherwise ordered by the court, supervised administration...

386-1998-III-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618)

Section 700.3601 - Qualification; Limitation and Procedure With Regard to Specified Assets. - Sec. 3601. (1) Prior to receiving letters, a personal representative...

Section 700.3602 - Acceptance of Appointment; Consent to Jurisdiction. - Sec. 3602. By accepting appointment, a personal representative submits personally...

Section 700.3603 - Bond Not Required Without Court Order; Exceptions. - Sec. 3603. (1) A bond is not required of a...

Section 700.3604 - Bond Amount; Security; Procedure; Reduction. - Sec. 3604. If bond is required and the provisions of...

Section 700.3605 - Demand for Bond by Interested Person. - Sec. 3605. A person apparently having an interest in the...

Section 700.3606 - Requirements and Provisions of Bonds. - Sec. 3606. The following requirements and provisions apply to a...

Section 700.3607 - Order Restraining Personal Representative. - Sec. 3607. (1) On petition of a person who appears...

Section 700.3608 - Termination of Appointment Generally. - Sec. 3608. Termination of appointment of a personal representative occurs...

Section 700.3609 - Termination of Appointment; Death or Disability. - Sec. 3609. The personal representative's death or a conservator's appointment...

Section 700.3610 - Termination of Appointment; Voluntary. - Sec. 3610. (1) A personal representative's appointment terminates 1 year...

Section 700.3611 - Termination of Appointment by Removal; Cause; Procedure. - Sec. 3611. (1) An interested person may petition for removal...

Section 700.3612 - Termination of Appointment; Change of Testacy Status. - Sec. 3612. Except as otherwise ordered in formal proceedings, the...

Section 700.3613 - Successor Personal Representative. - Sec. 3613. The appointment of a personal representative to succeed...

Section 700.3614 - Special Personal Representative; Appointment. - Sec. 3614. A special personal representative may be appointed in...

Section 700.3615 - Special Personal Representative; Who May Be Appointed. - Sec. 3615. (1) If a special personal representative is to...

Section 700.3616 - Special Personal Representative; Appointed Informally; Powers and Duties. - Sec. 3616. A special personal representative appointed by the register...

Section 700.3617 - Special Personal Representative; Formal Proceedings; Power and Duties. - Sec. 3617. A special personal representative appointed by order of...

Section 700.3618 - Termination of Appointment; Special Personal Representative. - Sec. 3618. A special personal representative's appointment terminates in accordance...

386-1998-III-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)

Section 700.3701 - Powers and Duties of Personal Representative; Commencement; Accrual. - Sec. 3701. A personal representative's duties and powers commence on...

Section 700.3702 - Priority Among Different Letters. - Sec. 3702. A person to whom general letters are issued...

Section 700.3703 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue; Accounting. - Sec. 3703. (1) A personal representative is a fiduciary who...

Section 700.3704 - Personal Representative to Proceed Without Court Order; Exception. - Sec. 3704. A personal representative shall proceed expeditiously with the...

Section 700.3705 - Appointment of Personal Representative; Notice Requirements. - Sec. 3705. (1) Not later than 28 days after a...

Section 700.3706 - Duty of Personal Representative; Inventory and Appraisement. - Sec. 3706. (1) Within 91 days after appointment or other...

Section 700.3707 - Employment of Appraiser. - Sec. 3707. The personal representative may employ a qualified and...

Section 700.3708 - Duty of Personal Representative; Supplemental Inventory. - Sec. 3708. If property not included in the original inventory...

Section 700.3709 - Duty of Personal Representative; Possession of Estate. - Sec. 3709. Except as otherwise provided by a decedent's will...

Section 700.3710 - Power to Avoid Transfers. - Sec. 3710. The property liable for the payment of unsecured...

Section 700.3711 - Powers of Personal Representatives Generally. - Sec. 3711. Until termination of the appointment, a personal representative...

Section 700.3712 - Improper Exercise of Power; Breach of Fiduciary Duty. - Sec. 3712. If the exercise or failure to exercise a...

Section 700.3713 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions; Presumption; Compliance With Michigan Prudent Investor Rule; Exceptions. - Sec. 3713. (1) A sale, encumbrance, or other transaction involving...

Section 700.3714 - Persons Dealing With Personal Representative; Protection. - Sec. 3714. (1) A person who in good faith either...

Section 700.3715 - Transactions Authorized for Personal Representatives. - Sec. 3715. (1) Except as restricted or otherwise provided by...

Section 700.3716 - Powers and Duties of Successor Personal Representative. - Sec. 3716. A successor personal representative has the same powers...

Section 700.3717 - Corepresentatives; Concurrence. - Sec. 3717. If 2 or more persons are appointed personal...

Section 700.3718 - Powers of Surviving Personal Representative. - Sec. 3718. Unless the will provides otherwise, each power exercisable...

Section 700.3719 - Compensation of Personal Representative. - Sec. 3719. (1) A personal representative is entitled to reasonable...

Section 700.3720 - Expenses in Estate Litigation. - Sec. 3720. If a personal representative or person nominated as...

Section 700.3721 - Employment of Agents and Compensation of Personal Representatives and Employees of Estate; Proceedings for Review. - Sec. 3721. After notice to all interested persons, on petition...

Section 700.3722 - Authority Regarding Environmental Matters. - Sec. 3722. (1) In response to an environmental concern or...

386-1998-III-8 - Part 8 Creditors' Claims (700.3801...700.3815)

Section 700.3801 - Notice of Creditors. - Sec. 3801. (1) Unless notice has already been given, upon...

Section 700.3802 - Statute of Limitations. - Sec. 3802. (1) Unless an estate is insolvent, the personal...

Section 700.3803 - Limitations on Time for Presentation of Claims. - Sec. 3803. (1) A claim against a decedent's estate that...

Section 700.3804 - Manner of Presentation of Claims; Commencement; Claims by Personal Representative. - Sec. 3804. (1) A claimant must present a claim against...

Section 700.3805 - Priority of Claim Payments; Insufficient Assets. - Sec. 3805. (1) If the applicable estate property is insufficient...

Section 700.3806 - Allowance and Disallowance of Claims. - Sec. 3806. (1) If a claim is presented in the...

Section 700.3807 - Payment of Claims. - Sec. 3807. (1) Upon the expiration of 4 months after...

Section 700.3808 - Individual Liability of Personal Representative. - Sec. 3808. (1) Unless otherwise provided in the contract, a...

Section 700.3809 - Secured Claims. - Sec. 3809. A personal representative shall pay a secured claim...

Section 700.3810 - Claims Not Due and Contingent or Unliquidated Claims. - Sec. 3810. (1) This section applies to a claim that...

Section 700.3811 - Counterclaims. - Sec. 3811. In allowing a claim, the personal representative may...

Section 700.3812 - Limitation on Execution or Levy Against Property of Estate. - Sec. 3812. An execution shall not issue upon nor shall...

Section 700.3813 - Settlement of Claims. - Sec. 3813. If a claim against the estate is presented...

Section 700.3814 - Encumbered Assets. - Sec. 3814. If property of the estate is encumbered by...

Section 700.3815 - Effect of Administration in More Than One State. - Sec. 3815. (1) Estate property being administered in this state...

386-1998-III-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924)

Section 700.3901 - Successors' Rights in Absence of Administration. - Sec. 3901. In the absence of administration, the decedent's heirs...

Section 700.3902 - Distribution; Order in Which Assets Appropriated; Abatement. - Sec. 3902. (1) Subject to subsections (2) and (3) and...

Section 700.3903 - Indebtedness; Set-Off. - Sec. 3903. The amount of a successor's noncontingent indebtedness to...

Section 700.3904 - Interest on General Pecuniary Devise. - Sec. 3904. Unless a contrary intent is indicated by the...

Section 700.3905 - Penalty Clause for Contest. - Sec. 3905. In accordance with section 2518, a provision in...

Section 700.3906 - Distribution in Kind; Valuation; Method. - Sec. 3906. (1) Unless the will indicates a contrary intention,...

Section 700.3907 - Pecuniary Bequests and Trust Interests. - Sec. 3907. (1) This section governs a distribution in kind...

Section 700.3908 - Proposed Distribution. - Sec. 3908. After the probable charges against the estate are...

Section 700.3909 - Distribution in Kind; Evidence. - Sec. 3909. If distribution in kind is made, the personal...

Section 700.3910 - Distribution; Right or Title of Distributee. - Sec. 3910. Proof that a distributee has received an instrument...

Section 700.3911 - Improper Distribution; Liability of Distributee. - Sec. 3911. Unless the distribution or payment no longer can...

Section 700.3912 - Purchasers From Distributees Protected. - Sec. 3912. (1) If property distributed in kind or a...

Section 700.3913 - Partition for Purpose of Distribution. - Sec. 3913. If 2 or more heirs or devisees are...

Section 700.3914 - Agreements Among Successors to Decedent Binding on Personal Representative. - Sec. 3914. (1) Subject to the rights of creditors and...

Section 700.3915 - Distribution to Trustee. - Sec. 3915. (1) Before distributing to a trustee, the personal...

Section 700.3916 - Disposition of Unclaimed Assets. - Sec. 3916. (1) In exchange for suitable receipts and following...

Section 700.3917 - Duties of County Treasurer. - Sec. 3917. (1) The county treasurer shall receive and safely...

Section 700.3918 - Distribution to Person Under Disability. - Sec. 3918. (1) A personal representative may discharge the personal...

Section 700.3919 - Final Distribution to Domiciliary Representative. - Sec. 3919. (1) If there is a personal representative of...

Section 700.3920 - Apportionment of Death Taxes. - Sec. 3920. (1) An estate, inheritance, or other death tax...

Section 700.3921 - Tax on Separate Interests; Governing Instrument Provisions. - Sec. 3921. (1) Unless specific directions to that effect are...

Section 700.3922 - Credit for Foreign Tax Paid; Payment and Recovery of Tax; Delayed Distribution; Court Determination of Apportionment. - Sec. 3922. (1) Unless the governing instrument provides otherwise, if...

Section 700.3923 - Allocation of Penalty and Interest. - Sec. 3923. (1) If the probate court finds that it...

Section 700.3924 - Survival and Wrongful Death Actions; Court Approval of Settlement and Distribution. - Sec. 3924. (1) For the purpose of settling a claim...

386-1998-III-10 - Part 10 Closing Estates (700.3951...700.3959)

Section 700.3951 - Notice of Continued Administration. - Sec. 3951. (1) If the personal representative does not complete...

Section 700.3952 - Formal Proceedings Terminating Administration Testate or Intestate; Order of General Protection. - Sec. 3952. (1) A personal representative or an interested person...

Section 700.3953 - Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy. - Sec. 3953. (1) A personal representative administering an estate under...

Section 700.3954 - Closing Estate by Sworn Statement of Personal Representative. - Sec. 3954. (1) Unless prohibited by court order and except...

Section 700.3955 - Liability of Distributees to Claimants. - Sec. 3955. After estate property is distributed and subject to...

Section 700.3956 - Limitations on Proceedings Against Personal Representative. - Sec. 3956. Unless previously barred by adjudication and except as...

Section 700.3957 - Limitations on Actions and Proceedings Against Distributees. - Sec. 3957. Unless previously adjudicated in a formal testacy proceeding...

Section 700.3958 - Certificate of Completion. - Sec. 3958. If an objection to the closing statement is...

Section 700.3959 - Subsequent Administration. - Sec. 3959. If estate property is discovered after an estate...

386-1998-III-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988)

Section 700.3981 - Delivery of Cash Not Exceeding $500 and Decedent's Wearing Apparel. - Sec. 3981. A hospital, convalescent or nursing home, morgue, or...

Section 700.3982 - Court Order Distributing Small Estates. - Sec. 3982. (1) Upon a showing of evidence, satisfactory to...

Section 700.3983 - Collection of Personal Property by Sworn Statement. - Sec. 3983. (1) After 28 days after a decedent's death,...

Section 700.3984 - Effect of Sworn Statement. - Sec. 3984. (1) A person paying, delivering, transferring, or issuing...

Section 700.3987 - Summary Administrative Proceedings. - Sec. 3987. If it appears from the inventory and appraisal...

Section 700.3988 - Closing by Sworn Statement of Personal Representative. - Sec. 3988. (1) Unless prohibited by court order and except...

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Michigan Compiled Laws Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) Article III - Probate of Wills and Administration (700.3101...700.3988)

Michigan Compiled Laws
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article III - Probate of Wills and Administration (700.3101...700.3988)