Sec. 3614.
A special personal representative may be appointed in any of the following circumstances:
(a) Informally by the register on the application of an interested person if necessary to protect the estate of a decedent before the appointment of a general personal representative or if a prior appointment is terminated as provided in section 3609.
(b) By the court on its own motion or in a formal proceeding by court order on the petition of an interested person if in either case, after notice and hearing, the court finds that the appointment is necessary to preserve the estate or to secure its proper administration, including its administration in circumstances in which a general personal representative cannot or should not act. If it appears to the court that an emergency exists, the court may order the appointment without notice.
(c) By the court on its own motion or on petition by an interested person to supervise the disposition of the body of a decedent if section 3206(8) applies. The duties of a special personal representative appointed under this subdivision must be specified in the order of appointment and may include making arrangements with a funeral home, securing a burial plot if needed, obtaining veteran's or pauper's funding if appropriate, and determining the disposition of the body by burial or cremation. The court may waive the bond requirement under section 3603(1)(a). The court may appoint the county public administrator if the county public administrator is willing to serve. If the court determines that it will not be necessary to open an estate, the court may appoint a special fiduciary under section 1309 instead of a special personal representative to perform duties under this section.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 343, Imd. Eff. Sept. 29, 2004 ;-- Am. 2006, Act 299, Imd. Eff. July 20, 2006 ;-- Am. 2016, Act 57, Eff. June 27, 2016 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)
Section 700.3601 - Qualification; Limitation and Procedure With Regard to Specified Assets.
Section 700.3602 - Acceptance of Appointment; Consent to Jurisdiction.
Section 700.3603 - Bond Not Required Without Court Order; Exceptions.
Section 700.3604 - Bond Amount; Security; Procedure; Reduction.
Section 700.3605 - Demand for Bond by Interested Person.
Section 700.3606 - Requirements and Provisions of Bonds.
Section 700.3607 - Order Restraining Personal Representative.
Section 700.3608 - Termination of Appointment Generally.
Section 700.3609 - Termination of Appointment; Death or Disability.
Section 700.3610 - Termination of Appointment; Voluntary.
Section 700.3611 - Termination of Appointment by Removal; Cause; Procedure.
Section 700.3612 - Termination of Appointment; Change of Testacy Status.
Section 700.3613 - Successor Personal Representative.
Section 700.3614 - Special Personal Representative; Appointment.
Section 700.3615 - Special Personal Representative; Who May Be Appointed.
Section 700.3616 - Special Personal Representative; Appointed Informally; Powers and Duties.
Section 700.3617 - Special Personal Representative; Formal Proceedings; Power and Duties.
Section 700.3618 - Termination of Appointment; Special Personal Representative.