Sec. 3409.
(1) After the time expires for any required notice, upon proof of notice and after a hearing, if necessary, if the court finds that the testator is dead and that venue is proper, the court shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
(2) A will found to be valid and unrevoked shall be formally probated. Termination of a previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 3612. A will from a place that does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will is effective under the law of the other place.
History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article III - Probate of Wills and Administration (700.3101...700.3988)
386-1998-III-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415)
Section 700.3401 - Formal Testacy Proceedings; Nature; Commencement.
Section 700.3402 - Formal Testacy or Appointment; Proceedings; Petition; Contents.
Section 700.3403 - Formal Testacy Proceedings; Notice of Hearing on Petition.
Section 700.3404 - Formal Testacy Proceedings; Written Objections to Probate.
Section 700.3405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof.
Section 700.3406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses.
Section 700.3407 - Formal Testacy Proceedings; Burdens in Contested Cases.
Section 700.3409 - Formal Testacy Proceedings; Order; Foreign Will.
Section 700.3410 - Formal Testacy Proceedings; Probate of More Than One Instrument.
Section 700.3411 - Formal Testacy Proceedings; Partial Intestacy.
Section 700.3412 - Formal Testacy Proceedings; Effect of Order; Vacation.
Section 700.3413 - Formal Testacy Proceedings; Vacation of Order for Other Cause.
Section 700.3414 - Formal Proceeding Concerning Appointment of Personal Representative.