Sec. 3714.
(1) A person who in good faith either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised a power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise.
(2) Except for restrictions on powers of supervised personal representatives that are endorsed on letters as provided in section 3504, a provision in a will or court order purporting to limit a personal representative's power is not effective except as to a person with actual knowledge of the limit.
(3) A person is not bound to see to the proper application of estate property paid or delivered to a personal representative.
(4) The protection under this section extends to instances in which a procedural irregularity or jurisdictional defect occurs in a proceeding leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection under this section does not substitute for the protection provided by a comparable provision of law relating to a commercial transaction or a law simplifying a transfer of securities by a fiduciary. Nothing in this section discharges a lien for transfer taxes that may affect title to estate property.
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-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722)
Section 700.3701 - Powers and Duties of Personal Representative; Commencement; Accrual.
Section 700.3702 - Priority Among Different Letters.
Section 700.3704 - Personal Representative to Proceed Without Court Order; Exception.
Section 700.3705 - Appointment of Personal Representative; Notice Requirements.
Section 700.3706 - Duty of Personal Representative; Inventory and Appraisement.
Section 700.3707 - Employment of Appraiser.
Section 700.3708 - Duty of Personal Representative; Supplemental Inventory.
Section 700.3709 - Duty of Personal Representative; Possession of Estate.
Section 700.3710 - Power to Avoid Transfers.
Section 700.3711 - Powers of Personal Representatives Generally.
Section 700.3712 - Improper Exercise of Power; Breach of Fiduciary Duty.
Section 700.3714 - Persons Dealing With Personal Representative; Protection.
Section 700.3715 - Transactions Authorized for Personal Representatives.
Section 700.3716 - Powers and Duties of Successor Personal Representative.
Section 700.3717 - Corepresentatives; Concurrence.
Section 700.3718 - Powers of Surviving Personal Representative.
Section 700.3719 - Compensation of Personal Representative.
Section 700.3720 - Expenses in Estate Litigation.
Section 700.3722 - Authority Regarding Environmental Matters.