Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)

Section 700.1202 - Execution of Documents; Signing or Witnessing Documents by 2-Way Real-Time Audiovisual Technology; Requirements; Good Faith; Applies April 30, 2020 Until July 1, 2021. - Sec. 1202. (1) Notwithstanding anything in this act to the...

Section 700.1203 - Supplementary General Principles of Law Applicable; Construction Against Implied Repeal. - Sec. 1203. (1) Unless displaced by the particular provisions of...

Section 700.1205 - Discovery and Remedies for Fraud, Embezzlement, Conversion, or Withholding of Assets. - Sec. 1205. (1) The court may order a person to...

Section 700.1207 - Evidence of Death or Status. - Sec. 1207. In addition to the rules of evidence in...

Section 700.1208 - Procedure to Establish Death of Accident or Disaster Victim. - Sec. 1208. (1) The procedure to establish the death of...

Section 700.1209 - Acts by Holder of Power of Appointment. - Sec. 1209. For the purpose of granting consent or approval...

Section 700.1210 - Cost-of-Living Adjustment. - Sec. 1210. (1) The specific dollar amounts stated in sections...

Section 700.1211 - Court Personnel Prohibited From Providing Legal Advice. - Sec. 1211. Court personnel shall not provide or offer to...

Section 700.1212 - Fiduciary Relationship. - Sec. 1212. (1) A fiduciary stands in a position of...

Section 700.1213 - Reference to Unified Credits, Exemption, or Deductions. - Sec. 1213. If an individual includes a provision in a...

Section 700.1214 - Fiduciary; Prohibited Conduct. - Sec. 1214. Unless the governing instrument expressly authorizes such a...

386-1998-I-3 - Part 3 Scope, Jurisdiction, and Courts (700.1301...700.1309)

Section 700.1301 - Territorial Application. - Sec. 1301. Except as otherwise provided in this act, this...

Section 700.1302 - Exclusive Subject Matter Jurisdiction. - Sec. 1302. The court has exclusive legal and equitable jurisdiction...

Section 700.1303 - Concurrent Jurisdiction; Removal; Purpose and Policy. - Sec. 1303. (1) In addition to the jurisdiction conferred by...

Section 700.1304 - Register; Powers. - Sec. 1304. If this act specifies that the probate register...

Section 700.1305 - Appeals. - Sec. 1305. Appellate review, including the right to appellate review...

Section 700.1306 - Oath or Affirmation on Filed Documents. - Sec. 1306. Except as otherwise specifically provided in this act...

Section 700.1307 - Records and Certified Copies. - Sec. 1307. (1) Court records shall be maintained in accordance...

Section 700.1308 - Breach of Duty; Remedies; Order for Accounting. - Sec. 1308. (1) A violation by a fiduciary of a...

Section 700.1309 - Appointment of Special Fiduciary or Injunction. - Sec. 1309. Upon reliable information received from an interested person,...

386-1998-I-4 - Part 4 Notice, Parties, and Representation in Estate Litigation and Other Matters (700.1401...700.1403)

Section 700.1401 - Notice; Method and Time of Giving. - Sec. 1401. (1) If notice of a hearing on a...

Section 700.1402 - Notice; Waiver; Order. - Sec. 1402. (1) Except as provided in subsection (2), a...

Section 700.1403 - Formal Proceeding; Pleadings; Parties Bound by Others; Notice. - Sec. 1403. In a formal proceeding that involves an estate...

386-1998-I-5 - Part 5 Prudent Investor Rule (700.1501...700.1512)

Section 700.1501 - Short Title of Part; Definitions. - Sec. 1501. (1) This part shall be known and may...

Section 700.1502 - Prudent Investor Rule. - Sec. 1502. (1) A fiduciary shall invest and manage assets...

Section 700.1503 - Portfolio Strategy; Risk and Return Objectives. - Sec. 1503. (1) A fiduciary's investment and management decisions with...

Section 700.1504 - Diversification. - Sec. 1504. A fiduciary shall diversify the investments of a...

Section 700.1505 - Duties at Inception. - Sec. 1505. Within a reasonable time after accepting appointment as...

Section 700.1506 - Duties of Fiduciary in Interest of Beneficiaries. - Sec. 1506. A fiduciary shall invest and manage fiduciary assets...

Section 700.1507 - Impartiality. - Sec. 1507. If a fiduciary estate has 2 or more...

Section 700.1508 - Investment Costs. - Sec. 1508. In investing and managing fiduciary assets, a fiduciary...

Section 700.1509 - Reviewing Compliance. - Sec. 1509. Compliance with the prudent investor rule is determined...

Section 700.1510 - Delegation of Investment and Management Functions. - Sec. 1510. (1) A fiduciary may delegate investment and management...

Section 700.1511 - Language Invoking Standard of Prudent Investor Rule. - Sec. 1511. The following terms or similar language in a...

Section 700.1512 - Application to Existing Fiduciary Estates. - Sec. 1512. The Michigan prudent investor rule applies to a...

Article II - Intestacy, Wills, and Donative Transfers (700.2101...700.2959)

386-1998-II-1 - Part 1 Intestate Succession (700.2101...700.2114)

Section 700.2101 - Intestate Estate. - Sec. 2101. (1) Any part of a decedent's estate not...

Section 700.2102 - Share of Spouse. - Sec. 2102. (1) The intestate share of a decedent's surviving...

Section 700.2103 - Share of Heirs Other Than Surviving Spouse. - Sec. 2103. Any part of the intestate estate that does...

Section 700.2104 - Requirement That Heir Survive Decedent for 120 Hours. - Sec. 2104. An individual who fails to survive the decedent...

Section 700.2105 - No Taker; Effect. - Sec. 2105. If there is no taker under the provisions...

Section 700.2106 - Representation. - Sec. 2106. (1) If, under section 2103(a), a decedent's intestate...

Section 700.2107 - Relative of Half Blood. - Sec. 2107. A relative of the half blood inherits the...

Section 700.2108 - Afterborn Heirs. - Sec. 2108. An individual in gestation at a particular time...

Section 700.2109 - Advancements. - Sec. 2109. (1) If an individual dies intestate as to...

Section 700.2110 - Debts to Decedent. - Sec. 2110. A debt owed to a decedent is not...

Section 700.2111 - Alienage. - Sec. 2111. An individual is not disqualified to take as...

Section 700.2113 - Individuals Related to Decedent Through Two Lines. - Sec. 2113. An individual who is related to the decedent...

Section 700.2114 - Parent and Child Relationship. - Sec. 2114. (1) Except as provided in subsections (2), (3),...

386-1998-II-2 - Part 2 Elective Share of Surviving Spouse (700.2201...700.2206)

Section 700.2201 - Surviving Spouse's Right to Elective Share. - Sec. 2201. Subject to sections 2203 to 2205, upon an...

Section 700.2202 - Election of Surviving Spouse. - Sec. 2202. (1) The surviving widow of a decedent who...

Section 700.2203 - Failure to Timely Elect; Exceptions. - Sec. 2203. If a surviving spouse fails to make an...

Section 700.2204 - Actions Not Preventing Election. - Sec. 2204. Filing of a petition to admit the will...

Section 700.2205 - Waiver of Rights by Surviving Spouse. - Sec. 2205. The rights of the surviving spouse to a...

Section 700.2206 - Pre-Existing Right Not Created. - Sec. 2206. Sections 2201 to 2205 shall not be construed...

386-1998-II-3 - Part 3 Spouse or Child Not Provided for in the Will (700.2301...700.2302)

Section 700.2301 - Entitlement of Spouse; Premarital Will. - Sec. 2301. (1) Except as provided in subsection (2), if...

Section 700.2302 - Omitted Children. - Sec. 2302. (1) Except as provided in subsection (2), if...

386-1998-II-4 - Part 4 Exempt Property and Allowances (700.2401...700.2405)

Section 700.2401 - Applicable Law. - Sec. 2401. This part applies to the estate of a...

Section 700.2402 - Homestead Allowance. - Sec. 2402. A decedent's surviving spouse is entitled to a...

Section 700.2403 - Family Allowance. - Sec. 2403. (1) For their maintenance during the period of...

Section 700.2404 - Exempt Property. - Sec. 2404. (1) The decedent's surviving spouse is also entitled...

Section 700.2405 - Selection, Determination, and Documentation. - Sec. 2405. (1) If the estate is otherwise sufficient, property...

386-1998-II-5 - Part 5 Wills, Will Contracts, and Custody and Deposit of Wills (700.2501...700.2519)

Section 700.2501 - Will; Maker; Sufficient Mental Capacity. - Sec. 2501. (1) An individual 18 years of age or...

Section 700.2502 - Execution; Witnessed Wills; Holographic Wills. - Sec. 2502. (1) Subject to section 1202, and except as...

Section 700.2503 - Writings Intended as Wills. - Sec. 2503. Although a document or writing added upon a...

Section 700.2504 - Self-Proved Will. - Sec. 2504. (1) A will may be simultaneously executed, attested,...

Section 700.2505 - Witnesses. - Sec. 2505. (1) An individual generally competent to be a...

Section 700.2506 - Choice of Law as to Execution. - Sec. 2506. A written will is valid if executed in...

Section 700.2507 - Revocation by Writing or by Act. - Sec. 2507. (1) A will or a part of a...

Section 700.2508 - Revocation by Change of Circumstances. - Sec. 2508. Except as provided in sections 2802 to 2809,...

Section 700.2509 - Revival of Revoked Will. - Sec. 2509. (1) If a subsequent will that wholly revoked...

Section 700.2510 - Incorporation by Reference. - Sec. 2510. A writing in existence when a will is...

Section 700.2511 - Testamentary Additions to Trusts. - Sec. 2511. (1) A will may validly devise property to...

Section 700.2512 - Events of Independent Significance. - Sec. 2512. A will may dispose of property by reference...

Section 700.2513 - Separate Writing Identifying Devise of Certain Types of Tangible Personal Property. - Sec. 2513. Whether or not the provisions relating to a...

Section 700.2514 - Contracts Concerning Succession. - Sec. 2514. (1) If executed after July 1, 1979, a...

Section 700.2515 - Deposit of Will With Court in Testator's Lifetime. - Sec. 2515. (1) A will in writing that is enclosed...

Section 700.2516 - Delivery of Will or Codicil by Custodian. - Sec. 2516. A custodian of a will or codicil or...

Section 700.2517 - Opening of Safe Deposit Box. - Sec. 2517. (1) In the estate of a decedent who...

Section 700.2518 - Penalty Clause for Contest. - Sec. 2518. A provision in a will purporting to penalize...

Section 700.2519 - Statutory Will. - Sec. 2519. (1) A will executed in the form prescribed...

386-1998-II-6 - Part 6 Rules of Construction Applicable Only to Wills (700.2601...700.2608)

Section 700.2601 - Definitions. - Sec. 2601. As used in this part: (a) "Alternative devise"...

Section 700.2602 - Scope; Passage of Property and After-Acquired Property. - Sec. 2602. (1) In the absence of a finding of...

Section 700.2603 - Substitute Gift. - Sec. 2603. (1) If a devisee fails to survive the...

Section 700.2604 - Failure of Testamentary Provision. - Sec. 2604. (1) Except as provided in section 2603, a...

Section 700.2605 - Increase in Securities; Accessions. - Sec. 2605. (1) If a testator executes a will that...

Section 700.2606 - Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, or Insurance; Sale by Conservator or Agent. - Sec. 2606. (1) A specific devisee has a right to...

Section 700.2607 - Nonexoneration. - Sec. 2607. A specific devise and a transfer under an...

Section 700.2608 - Ademption by Satisfaction. - Sec. 2608. (1) Property a testator gave in his or...

386-1998-II-7 - Part 7 Rules of Construction Applicable to Donative Dispositions in Wills and Other Governing Instruments (700.2701...700.2723)

Section 700.2701 - Scope. - Sec. 2701. In the absence of a finding of a...

Section 700.2702 - Requirement of Survival by 120 Hours. - Sec. 2702. (1) For the purposes of this act, except...

Section 700.2703 - Protection of Payors and Other Third Parties. - Sec. 2703. (1) Except as otherwise provided in this section,...

Section 700.2704 - Protection of Bona Fide Purchasers; Personal Liability of Recipient. - Sec. 2704. (1) Section 2702 does not obligate a person...

Section 700.2705 - Choice of Law as to Meaning and Effect of Governing Instrument. - Sec. 2705. The meaning and legal effect of a governing...

Section 700.2706 - Power of Appointment; Meaning of Specific Reference Requirement. - Sec. 2706. If a governing instrument creating a power of...

Section 700.2707 - Class Gifts Construed to Accord With Intestate Succession. - Sec. 2707. (1) An adopted individual or an individual born...

Section 700.2708 - Definitions Regarding Beneficiary Designation. - Sec. 2708. As used in this section and sections 2709...

Section 700.2709 - Substitute Gift. - Sec. 2709. If a beneficiary fails to survive the decedent...

Section 700.2710 - Multiple Substitute Gifts. - Sec. 2710. (1) If, under section 2709, substitute gifts are...

Section 700.2711 - Protection of Payors. - Sec. 2711. (1) Except as otherwise provided in this section,...

Section 700.2712 - Protection of Bona Fide Purchasers; Personal Liability of Recipient. - Sec. 2712. (1) A person who purchases property for value...

Section 700.2713 - Definitions for Survivorship With Respect to Future Interests Under Terms of Trust. - Sec. 2713. As used in this section and sections 2714...

Section 700.2714 - Survivorship Required for Gift Under Trust; Substitute Gift; Applicability of Subsection (1). - Sec. 2714. (1) Subject to subsection (2), a future interest...

Section 700.2715 - Multiple Substitute Gifts. - Sec. 2715. (1) If, under section 2714, substitute gifts are...

Section 700.2716 - No Substitute Taker; Lapse. - Sec. 2716. (1) Except as provided in subsection (2), if,...

Section 700.2717 - Class Gifts to “Descendants,”“issue,” or “Heirs of the Body”; Form of Distribution if None Specified. - Sec. 2717. If a class gift in favor of "descendants",...

Section 700.2718 - Representation; per Capita at Each Generation; per Stirpes. - Sec. 2718. (1) If an applicable statute or a governing...

Section 700.2719 - Worthier-Title Doctrine Abolished. - Sec. 2719. The doctrine of worthier title is abolished as...

Section 700.2720 - Interests in “Heirs”. - Sec. 2720. If an applicable statute or a governing instrument...

Section 700.2721 - Construction as to Age of Majority. - Sec. 2721. A provision contained in a governing instrument that...

Section 700.2722 - Honorary Trusts; Trusts for Pets. - Sec. 2722. (1) Except as provided by another statute and...

Section 700.2723 - Will, Trust, or Beneficiary Designation of Decedent Who Dies After December 31, 2009 and Before January 1, 2011; Presumption; Retroactive Effective Date; "2010 Federal Tax Relief Act" Defined. - Sec. 2723. (1) Except as provided in subsection (3), for...

386-1998-II-8 - Part 8 General Provisions Concerning Probate and Nonprobate Transfers (700.2801...700.2809)

Section 700.2801 - Surviving Spouse; Status. - Sec. 2801. (1) An individual who is divorced from the...

Section 700.2802 - Definitions Relating to Effect of Certain Criminal Acts. - Sec. 2802. As used in this section and sections 2803...

Section 700.2803 - Forfeiture, Revocation, or Severance. - Sec. 2803. (1) An individual who feloniously and intentionally kills...

Section 700.2804 - Protection of Payors and Other Third Parties. - Sec. 2804. (1) Except as otherwise provided in this section,...

Section 700.2805 - Protection of Bona Fide Purchasers; Personal Liability of Recipient. - Sec. 2805. (1) Section 2803 does not obligate a person...

Section 700.2806 - Definitions Relating to Revocation of Probate and Nonprobate Transfers by Divorce; Revocation by Other Changes of Circumstances. - Sec. 2806. As used in this section and sections 2807...

Section 700.2807 - Revocation Upon Divorce; Revocation by Other Changes of Circumstances. - Sec. 2807. (1) Except as provided by the express terms...

Section 700.2808 - Protection of Payors and Other Third Parties. - Sec. 2808. (1) Except as otherwise provided in this section,...

Section 700.2809 - Protection of Bona Fide Purchasers; Personal Liability of Recipient. - Sec. 2809. (1) Section 2807 does not obligate an individual...

386-1998-II-9 - Part 9 Disclaimers (700.2901...700.2912)

Section 700.2901 - Short Title of Part; Definitions. - Sec. 2901. (1) This part shall be known and may...

Section 700.2902 - Right to Disclaim; Partial Disclaimers; Limitation on Right to Disclaim. - Sec. 2902. (1) A person, or a fiduciary representing a...

Section 700.2903 - Contents; Signature. - Sec. 2903. (1) A disclaimer is not valid unless it...

Section 700.2904 - Delivery; Timing; Appropriate Persons. - Sec. 2904. (1) Except as provided in section 2905, if...

Section 700.2905 - Delivery; Disclaimer Under Power of Appointment; Disclaimer of Joint Property or Fiduciary Power. - Sec. 2905. (1) A disclaimed interest that is subject to,...

Section 700.2906 - Manner of Delivery; Filing With Court. - Sec. 2906. (1) A disclaimer must be delivered in 1...

Section 700.2907 - Disposition of Disclaimed Interest; Effect on Future Interest. - Sec. 2907. (1) Except as otherwise provided in this section...

Section 700.2908 - Disposition of Disclaimed Joint Interest, Trust Interest, and Fiduciary Power. - Sec. 2908. (1) If a disclaimed interest arises out of...

Section 700.2909 - Persons Bound; Effect of Disclaimer. - Sec. 2909. (1) A disclaimer, or a written waiver of...

Section 700.2910 - Barring Right to Disclaim. - Sec. 2910. (1) The right to disclaim property is barred...

Section 700.2911 - Abolition of Common Law Right. - Sec. 2911. The common law right of disclaimer or renunciation...

Section 700.2912 - Effect on Existing Property Interests. - Sec. 2912. An interest in property that exists on the...

386-1998-II-10 - Part 10 International Wills (700.2951...700.2959)

Section 700.2951 - Definitions. - Sec. 2951. As used in this part: (a) "International will"...

Section 700.2952 - Validity. - Sec. 2952. (1) If a will is made in the...

Section 700.2953 - Form and Procedure; Requirements. - Sec. 2953. To comply with this part as a valid...

Section 700.2954 - Form and Procedure; Additional Recommendations. - Sec. 2954. (1) To further assure an international will's acceptance,...

Section 700.2955 - Certificate. - Sec. 2955. The authorized individual shall attach to the will...

Section 700.2956 - Effect of Certificate. - Sec. 2956. In the absence of evidence to the contrary,...

Section 700.2957 - Revocation. - Sec. 2957. An international will is subject to the ordinary...

Section 700.2958 - Source and Construction. - Sec. 2958. Sections 2951 to 2957 derive from "Annex to...

Section 700.2959 - Persons Authorized to Act in Relation to International Will; Eligibility; Recognition by Authorizing Agency. - Sec. 2959. An individual who is admitted to practice law...

Article III - Probate of Wills and Administration (700.3101...700.3988)

386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108)

Section 700.3101 - Devolution of Estate at Death; Restrictions. - Sec. 3101. An individual's power to leave property by will,...

Section 700.3102 - Validity of Will by Order of Probate. - Sec. 3102. Except to collect assets under section 3983, to...

Section 700.3103 - Necessity of Appointment for Administration. - Sec. 3103. Except as otherwise provided in article IV, to...

Section 700.3104 - Claim Against Decedent; Necessity of Administration. - Sec. 3104. (1) Except as otherwise provided in subsection (2),...

Section 700.3105 - Proceedings Affecting Devolution and Administration. - Sec. 3105. A person interested in a decedent's estate may...

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...

Article IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401)

386-1998-IV-1 - Part 1 Definitions (700.4101...700.4101)

Section 700.4101 - Definitions. - Sec. 4101. As used in this article: (a) "Local administration"...

386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205)

Section 700.4201 - Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration. - Sec. 4201. At any time after the expiration of 63...

Section 700.4202 - Payment Discharges; Effect of Resident Creditor Notice. - Sec. 4202. (1) Payment or delivery made in good faith...

Section 700.4203 - Proof of Authority; Bond. - Sec. 4203. (1) If local administration, or an application or...

Section 700.4204 - Power of Representatives in Transition. - Sec. 4204. (1) A domiciliary foreign personal representative's power under...

Section 700.4205 - Ancillary and Other Local Administrations; Provisions Governing. - Sec. 4205. In respect to a nonresident decedent, article III...

386-1998-IV-3 - Part 3 Jurisdiction Over Foreign Representatives (700.4301...700.4303)

Section 700.4301 - Jurisdiction by Act of Foreign Personal Representative. - Sec. 4301. (1) A foreign personal representative submits personally to...

Section 700.4302 - Jurisdiction by Act of Decedent. - Sec. 4302. In addition to jurisdiction conferred by section 4301,...

Section 700.4303 - Service on Foreign Personal Representative. - Sec. 4303. (1) Service of process may be made upon...

386-1998-IV-4 - Part 4 Judgments and Personal Representative (700.4401...700.4401)

Section 700.4401 - Effect of Adjudication for or Against Personal Representative. - Sec. 4401. An adjudication rendered in any jurisdiction in favor...

Article V - Protection of an Individual Under Disability and His or Her Property (700.5101...700.5520)

386-1998-V-1 - Part 1 General Provisions (700.5101...700.5109)

Section 700.5101 - General Definitions. - Sec. 5101. As used in parts 1 to 4 of...

Section 700.5102 - Payment or Delivery. - Sec. 5102. (1) A person under a duty to pay...

Section 700.5103 - Delegation of Powers by Parent or Guardian. - Sec. 5103. (1) By a properly executed power of attorney,...

Section 700.5104 - Request or Notice; Interested Person. - Sec. 5104. (1) An interested person who desires to be...

Section 700.5105 - Kidney Donation by Minor. - Sec. 5105. The court has jurisdiction of the matter described...

Section 700.5106 - Appointment or Approval of Professional Guardian or Professional Conservator as Guardian or Conservator; Findings; Bond; Compensation or Other Benefits; Schedule of Visitation; Care; Appointment of Nonbanking Corporation to Act as... - Sec. 5106. (1) Subject to subsections (2) and (3), the...

Section 700.5107 - Entry Into or Removal From Lein. - Sec. 5107. (1) Upon entry of an order finding that...

Section 700.5108 - Appointment of Guardian Ad Litem; Preference Prohibited. - Sec. 5108. The person that commences an action or procedure...

Section 700.5108a - Visitation Requirements; 2-Way Real-Time Audiovisual Technology; Applicability of Section. - Sec. 5108a. (1) Beginning April 30, 2020, a guardian, guardian...

Section 700.5109 - Release From Liability for Injury of Minor During Recreational Activity. - Sec. 5109. (1) Before a minor participates in recreational activity,...

386-1998-V-2 - Part 2 Guardians of Minors (700.5201...700.5219)

Section 700.5201 - Appointment and Status of Guardians of Minor. - Sec. 5201. A person may become a minor's guardian by...

Section 700.5202 - Parental Appointment of Guardian for Minor. - Sec. 5202. (1) The parent of an unmarried minor may...

Section 700.5202a - Appointment of Guardian in Another State as Temporary Guardian. - Sec. 5202a. (1) If a guardian has not been appointed...

Section 700.5203 - Objection by Minor of 14 Years or Older to Parental Appointment. - Sec. 5203. A minor 14 years of age or older...

Section 700.5204 - Court Appointment of Guardian of Minor; Conditions for Appointment. - Sec. 5204. (1) A person interested in the welfare of...

Section 700.5205 - Court Appointment of Limited Guardian; Requirements. - Sec. 5205. (1) The court may appoint a limited guardian...

Section 700.5206 - Review Modification of Plan; Powers and Duties of Limited Guardian. - Sec. 5206. (1) The court shall review a proposed limited...

Section 700.5207 - Review of Guardianship of Minor. - Sec. 5207. (1) The court may review a guardianship for...

Section 700.5208 - Petition to Terminate Guardianship of Minor. - Sec. 5208. (1) A minor's parent or parents may petition...

Section 700.5209 - Court Action on Petition to Terminate Guardianship of Minor. - Sec. 5209. (1) After notice and hearing on a petition...

Section 700.5210 - Order for Termination of Guardianship of Minor. - Sec. 5210. Upon receipt of a copy of a judgment...

Section 700.5211 - Venue. - Sec. 5211. The venue for a guardianship proceeding for a...

Section 700.5212 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee. - Sec. 5212. The court may appoint as guardian a person...

Section 700.5213 - Procedure for Court Appointment of Guardian, Temporary Guardian, or Lawyer-Guardian Ad Litem for Minor. - Sec. 5213. (1) The petitioner shall give notice of the...

Section 700.5214 - Consent to Service by Acceptance of Appointment; Notice. - Sec. 5214. By accepting a parental or court appointment as...

Section 700.5215 - Powers and Duties of Guardian of Minor. - Sec. 5215. A minor's guardian has the powers and responsibilities...

Section 700.5216 - Compensation; Claim for Burial Expense. - Sec. 5216. (1) A guardian is entitled to reasonable compensation...

Section 700.5217 - Termination of Appointment of Guardian. - Sec. 5217. A guardian's authority and responsibility terminate upon the...

Section 700.5218 - Proceedings Subsequent to Appointment; Venue. - Sec. 5218. (1) The court at the place where the...

Section 700.5219 - Resignation, Removal, and Other Post-Appointment Proceedings. - Sec. 5219. (1) A person interested in a ward's welfare...

386-1998-V-3 - Part 3 Guardians of Incapacitated Individuals (700.5301...700.5319)

Section 700.5301 - Appointment of Guardian for Incapacitated Person by Will or Other Writing. - Sec. 5301. (1) If serving as guardian, the parent of...

Section 700.5301a - Appointment of Guardian in Another State as Temporary Guardian. - Sec. 5301a. (1) If a guardian has not been appointed...

Section 700.5301b - Appointment of Guardian; Jurisdiction of Court; Conditions; Connection to State; Factors. - Sec. 5301b. (1) The court has jurisdiction over the appointment...

Section 700.5302 - Guardianship Proceedings; Venue. - Sec. 5302. The venue for a guardianship proceeding for an...

Section 700.5303 - Court Appointment of Guardian of Incapacitated Person; Petition; Alternatives to Appointment of Full Guardian; Hearing. - Sec. 5303. (1) An individual in his or her own...

Section 700.5304 - Evaluation and Report; Hearing. - Sec. 5304. (1) If necessary, the court may order that...

Section 700.5305 - Guardian Ad Litem; Duties; Compensation; Legal Counsel. - Sec. 5305. (1) The duties of a guardian ad litem...

Section 700.5306 - Court Appointment of Guardian of Incapacitated Person; Findings; Appointment of Limited Guardian; Effect of Patient Advocate Designation; Supervised Access. - Sec. 5306. (1) The court may appoint a guardian if...

Section 700.5306a - Rights of Individual for Whom Guardian Is Sought or Appointed; Form. - Sec. 5306a. (1) An individual for whom a guardian is...

Section 700.5307 - Jurisdiction Over Guardian. - Sec. 5307. By accepting appointment, a guardian personally submits to...

Section 700.5308 - Termination of Guardian's Authority and Responsibility. - Sec. 5308. The guardian's authority and responsibility for a legally...

Section 700.5309 - Review of Guardianship. - Sec. 5309. The court shall review a guardianship not later...

Section 700.5310 - Resignation or Removal of Guardian. - Sec. 5310. (1) On petition of the guardian and subject...

Section 700.5311 - Appointment or Removal of Guardian; Notice of Hearing. - Sec. 5311. (1) In a proceeding for the appointment or...

Section 700.5312 - Court Exercise of Power of Guardian; Temporary Guardian. - Sec. 5312. (1) If an individual does not have a...

Section 700.5313 - Guardian; Qualifications. - Sec. 5313. (1) The court may appoint a competent person...

Section 700.5314 - Powers and Duties of Guardian. - Sec. 5314. If meaningful communication is possible, a legally incapacitated...

Section 700.5315 - Payments for Care of Ward; Claims at Death. - Sec. 5315. (1) To the extent granted by the court...

Section 700.5316 - Partial Management of Property by Ward. - Sec. 5316. To encourage self-reliance and independence in a legally...

Section 700.5317 - Guardianship Proceedings; Concurrent Jurisdiction. - Sec. 5317. (1) The court in the county where the...

Section 700.5318 - Third Person Dealing With Guardian. - Sec. 5318. If a third person is dealing with a...

Section 700.5319 - Appointment of Conservator or Protective Order; Report of Amount of Additional Cash or Property. - Sec. 5319. (1) If the court determines that financial protection...

386-1998-V-4 - Part 4 Protection of Property of an Individual Under Disability or of a Minor (700.5401...700.5433)

Section 700.5401 - Protective Proceedings. - Sec. 5401. (1) Upon petition and after notice and hearing...

Section 700.5402 - Protective Proceedings; Jurisdiction. - Sec. 5402. After the service of notice in a proceeding...

Section 700.5402a - Appointment of Conservator or Issuance of Protection Order; Conditions; Connection of Individual to State; Factors. - Sec. 5402a. (1) The court has jurisdiction over the appointment...

Section 700.5403 - Venue. - Sec. 5403. Venue for a proceeding under this part is...

Section 700.5404 - Original Petition for Appointment or Protective Order. - Sec. 5404. (1) The individual to be protected, a person...

Section 700.5405 - Notice. - Sec. 5405. (1) On a petition for a conservator's appointment...

Section 700.5406 - Procedure Concerning Hearing and Order on Original Petition. - Sec. 5406. (1) Upon receipt of a petition for a...

Section 700.5407 - Permissible Court Orders. - Sec. 5407. (1) The court shall exercise the authority conferred...

Section 700.5408 - Protective Arrangements and Single Transactions Authorized. - Sec. 5408. (1) If it is established in a proper...

Section 700.5409 - Appointment of Conservator. - Sec. 5409. (1) The court may appoint an individual, a...

Section 700.5410 - Bond. - Sec. 5410. (1) The court may require a conservator to...

Section 700.5411 - Terms and Requirements of Bonds. - Sec. 5411. (1) The following requirements and provisions apply to...

Section 700.5412 - Qualification; Limitation and Procedure With Regard to Specified Assets; Consent to Jurisdiction. - Sec. 5412. (1) Before receiving letters, a conservator must qualify...

Section 700.5413 - Compensation and Expenses. - Sec. 5413. If not otherwise compensated for services rendered, a...

Section 700.5414 - Death, Resignation, or Removal of Conservator. - Sec. 5414. The court may remove a conservator for good...

Section 700.5415 - Petitions for Orders Subsequent to Appointment. - Sec. 5415. (1) A person interested in the welfare of...

Section 700.5416 - General Duty of Conservator. - Sec. 5416. In relation to powers conferred by this part...

Section 700.5417 - Inventory and Records. - Sec. 5417. (1) Within 56 days after appointment or within...

Section 700.5418 - Accounts. - Sec. 5418. (1) A conservator shall account to the court...

Section 700.5419 - Conservators; Title by Appointment. - Sec. 5419. (1) Appointment of a conservator vests in the...

Section 700.5420 - Recording of Conservator's Letters. - Sec. 5420. (1) Letters of conservatorship are evidence of transfer...

Section 700.5421 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Presumption; Compliance With Michigan Prudent Investor Rule; Exceptions. - Sec. 5421. (1) A sale, encumbrance, or other transaction involving...

Section 700.5422 - Persons Dealing With Conservators; Protection. - Sec. 5422. (1) A person who in good faith either...

Section 700.5423 - Powers of Conservator in Administration. - Sec. 5423. (1) Subject to a limitation imposed under section...

Section 700.5424 - Powers Regarding Environmental Matters. - Sec. 5424. (1) To respond to an environmental concern or...

Section 700.5425 - Distributive Duties and Powers of Conservator. - Sec. 5425. A conservator may expend or distribute estate income...

Section 700.5426 - Gifts; Distribution to Formerly Protected Individual; Death of Protected Individual. - Sec. 5426. (1) If the estate is more than sufficient...

Section 700.5427 - Expansion or Limitation of Powers of Conservator. - Sec. 5427. Subject to the restrictions in section 5407(3), at...

Section 700.5428 - Preservation of Estate Plan; Right to Examine. - Sec. 5428. (1) When doing any of the following, the...

Section 700.5429 - Claims Against Protected Individual; Enforcement. - Sec. 5429. (1) A conservator may pay or secure from...

Section 700.5430 - Personal Liability of Conservator. - Sec. 5430. (1) Unless otherwise provided in the contract, a...

Section 700.5431 - Termination of Proceeding. - Sec. 5431. The protected individual, conservator, or another interested person...

Section 700.5432 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings. - Sec. 5432. (1) A person indebted to a protected individual...

Section 700.5433 - Appointment of Conservator in Another State as Temporary Conservator. - Sec. 5433. (1) If a conservator has not been appointed...

386-1998-V-5 - Part 5 Durable Power of Attorney and Designation of Patient Advocate (700.5501...700.5520)

Section 700.5501 - Durable Power of Attorney; Definition; Attorney-in-Fact. - Sec. 5501. (1) A durable power of attorney is a...

Section 700.5502 - Durable Power of Attorney Not Affected by Lapse of Time, Disability, or Incapacity; Legal Description of Real Estate Not Required. - Sec. 5502. An act done by an attorney in fact...

Section 700.5503 - Relation of Attorney in Fact to Court-Appointed Fiduciary. - Sec. 5503. (1) If, following execution of a durable power...

Section 700.5504 - Power of Attorney Not Revoked Until Notice. - Sec. 5504. (1) The death of a principal who has...

Section 700.5505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit. - Sec. 5505. (1) If an attorney in fact acts in...

Section 700.5506 - Designation of Patient Advocate; "Community Mental Health Services Program or Hospital" Defined. - Sec. 5506. (1) An individual 18 years of age or...

Section 700.5507 - Patient Advocate Designation; Statement; Acceptance. - Sec. 5507. (1) A patient advocate designation may include a...

Section 700.5508 - Determination of Advocate's Authority to Act. - Sec. 5508. (1) Except as provided under subsection (3), the...

Section 700.5509 - Authority and Responsibilities of Patient Advocate; Suspension. - Sec. 5509. (1) An individual designated as a patient advocate...

Section 700.5510 - Revocation of Patient Advocate Designation. - Sec. 5510. (1) A patient advocate designation is revoked by...

Section 700.5511 - Binding Effect; Liability of Provider; Exception; Dispute. - Sec. 5511. (1) Irrespective of a previously expressed or evidenced...

Section 700.5512 - Restrictions. - Sec. 5512. (1) A patient advocate cannot make a medical...

Section 700.5513 - Repealed. 2004, Act 532, Imd. Eff. Jan. 3, 2005. - Compiler's Notes: The repealed section pertained to conflict with provision...

Section 700.5515 - Revocation of Patient Advocate Designation; Waiver; Exercise of Power by Patient Advocate; Conditions. - Sec. 5515. (1) A patient may waive the right to...

Section 700.5520 - Guardian Making Medical or Mental Health Decisions; Designation of Another Individual Prohibited. - Sec. 5520. A legally incapacitated individual who has a guardian...

Article VI - Nonprobate Transfers on Death (700.6101...700.6310)

386-1998-VI-1 - Part 1 Effect of Death (700.6101...700.6101)

Section 700.6101 - Effect of Death. - Sec. 6101. (1) A provision for a nonprobate transfer on...

386-1998-VI-3 - Part 3 Uniform TOD Security Registration (700.6301...700.6310)

Section 700.6301 - Definitions. - Sec. 6301. As used in this part: (a) "Beneficiary form"...

Section 700.6302 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership. - Sec. 6302. Only an individual whose registration of a security...

Section 700.6303 - Registration in Beneficiary Form; Applicable Law. - Sec. 6303. A security may be registered in beneficiary form...

Section 700.6304 - Origination of Registration in Beneficiary Form. - Sec. 6304. Whether evidenced by certificate or account, a security...

Section 700.6305 - Form of Registration in Beneficiary Form. - Sec. 6305. Registration in beneficiary form may be shown by...

Section 700.6306 - Effect of Registration in Beneficiary Form. - Sec. 6306. The designation of a TOD beneficiary on a...

Section 700.6307 - Ownership on Death of Owner. - Sec. 6307. On death of a sole owner or the...

Section 700.6308 - Protection of Registering Entity. - Sec. 6308. (1) A registering entity is not required to...

Section 700.6309 - Nontestamentary Transfer on Death. - Sec. 6309. (1) A transfer on death resulting from a...

Section 700.6310 - Terms, Conditions, and Forms for Registration. - Sec. 6310. (1) A registering entity offering to accept registrations...

Article VII - Michigan Trust Code (700.7101...700.7913)

386-1998-VII-1 - Part 1 General Provisions and Definitions (700.7101...700.7114)

Section 700.7101 - Short Title of Article. - Sec. 7101. This article shall be known and may be...

Section 700.7102 - Scope. - Sec. 7102. This article applies to trusts as defined in...

Section 700.7103 - Definitions. - Sec. 7103. As used in this article: (a) "Action", with...

Section 700.7104 - Notice or Knowledge of Fact. - Sec. 7104. (1) Subject to subsection (2), a person has...

Section 700.7105 - Duties and Powers of Trustee; Provisions of Law Prevailing Over Terms of Trust. - Sec. 7105. (1) Except as otherwise provided in the terms...

Section 700.7107 - Governing Law. - Sec. 7107. The meaning and effect of the terms of...

Section 700.7108 - Principal Place of Administration. - Sec. 7108. (1) Without precluding other means for establishing a...

Section 700.7109 - Notice; Methods; Waiver. - Sec. 7109. (1) Notice to a person under this article...

Section 700.7110 - Others Treated as Qualified Beneficiaries. - Sec. 7110. (1) A charitable organization expressly named in the...

Section 700.7111 - Nonjudicial Settlement Agreement. - Sec. 7111. (1) Except as otherwise provided in subsection (2),...

Section 700.7112 - Rules of Construction. - Sec. 7112. The rules of construction in sections 2605 to...

Section 700.7113 - Penalty Clause for Contest of Trust. - Sec. 7113. A provision in a trust that purports to...

Section 700.7114 - Trustee Having Insurable Interest Under Life Insurance Policy; Conditions. - Sec. 7114. A trustee of a trust has an insurable...

386-1998-VII-2 - Part 2 Judicial Proceedings (700.7201...700.7211)

Section 700.7201 - Role of Court in Administration of Trust. - Sec. 7201. (1) A court of this state may intervene...

Section 700.7202 - Jurisdiction Over Trustee and Beneficiaries. - Sec. 7202. (1) By registering a trust or accepting the...

Section 700.7203 - Subject Matter Jurisdiction. - Sec. 7203. (1) The court has exclusive jurisdiction of proceedings...

Section 700.7204 - Venue. - Sec. 7204. (1) Except as otherwise provided in subsection (2),...

Section 700.7205 - Trust Proceedings; Dismissal of Matters Relating to Foreign Trusts. - Sec. 7205. (1) If a party objects, the court shall...

Section 700.7206 - Court; Concurrent Jurisdiction of Litigation Involving Trusts and Third Parties. - Sec. 7206. The court where a trust is registered has...

Section 700.7207 - Proceedings; Review of Employment of Agents and Compensation of Trustee and Employees of Trustee. - Sec. 7207. On petition of an interested person, after notice...

Section 700.7208 - Trust Proceedings; Initiation by Notice; Interested Persons. - Sec. 7208. A proceeding under section 7203 is initiated by...

Section 700.7209 - Registration of Trust. - Sec. 7209. (1) The trustee of a trust that has...

Section 700.7210 - Registration Procedures. - Sec. 7210. (1) A trust is registered by the filing...

Section 700.7211 - Registration; Qualification of Foreign Trustee. - Sec. 7211. A foreign corporate trustee is required to qualify...

386-1998-VII-3 - Part 3 Representation (700.7301...700.7308)

Section 700.7301 - Representation; Effect. - Sec. 7301. (1) Notice to a person who may represent...

Section 700.7302 - Representation; Holder of Power of Revocation or Amendment or Power of Appointment. - Sec. 7302. The holder of a power of revocation or...

Section 700.7303 - Representation by Fiduciaries and Parents. - Sec. 7303. To the extent there is no conflict of...

Section 700.7304 - Representation by Person Having Substantially Identical Interest. - Sec. 7304. Unless otherwise represented, a minor, incapacitated, or unborn...

Section 700.7305 - Appointment of Representative. - Sec. 7305. (1) If the court determines that an interest...

Section 700.7306-700.7308 - Repealed. 2009, Act 46, Eff. Apr. 1, 2010. - Compiler's Notes: The repealed section pertained to personal liability of...

386-1998-VII-4 - Part 4 Creation, Validity, Modification, and Termination of Trust (700.7401...700.7417)

Section 700.7401 - Creating Trust; Methods. - Sec. 7401. (1) A trust may be created by any...

Section 700.7402 - Creating Trust; Requirements. - Sec. 7402. (1) A trust is created only if all...

Section 700.7403 - Trusts Created in Other Jurisdictions. - Sec. 7403. A trust not created by will is validly...

Section 700.7404 - Trust Purposes. - Sec. 7404. A trust may be created only to the...

Section 700.7405 - Charitable Trusts; Purposes; Enforcement. - Sec. 7405. (1) A charitable trust may be created for...

Section 700.7406 - Creation of Trust Induced by Fraud, Duress, or Undue Influence. - Sec. 7406. A trust is void to the extent its...

<< Previous

Michigan Compiled Laws Chapter 700 - Estates and Protected Individuals Code Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)

Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)