MCL - Index of 386-1998-III

NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title Subject
386-1998-III 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.
Section 700.3102 Validity of will by order of probate.
Section 700.3103 Necessity of appointment for administration.
Section 700.3104 Claim against decedent; necessity of administration.
Section 700.3105 Proceedings affecting devolution and administration.
Section 700.3106 Proceedings within jurisdiction of court; service; jurisdiction over persons.
Section 700.3107 Proceedings; scope; independence.
Section 700.3108 Repealed. 2000, Act 54, Eff. Apr. 1, 2000.
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.
Section 700.3202 Appointment or testacy proceedings; conflicting claim of domicile in another state.
Section 700.3203 Priority among persons seeking appointment as a general personal representative.
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.
Section 700.3205 Demand for notice of order or filing concerning decedent's estate.
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 subsection (1)" defined; shared rights and powers; family member, personal representative, or nominated personal representative; guardian; special fiduciary or special personal representative; additional persons; reasonable attempt to locate person; effect of section on anatomical gift; person criminally charged with intentionally killing decedent; payment for costs; definitions.
Section 700.3206a Designation of successor individual as funeral representative.
Section 700.3206b Revocation of funeral representative designation.
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.
Section 700.3208 Repealed. 2016, Act 57, Eff. June 27, 2016.
Section 700.3209 Funeral establishment not civilly liable; reliance on funeral representative designation.
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.
Section 700.3302 Informal probate; duty of register; effect of informal probate.
Section 700.3303 Informal probate; proof and findings required.
Section 700.3304 Informal probate; unavailable in certain cases.
Section 700.3305 Informal probate; register not satisfied.
Section 700.3306 Informal probate; notice requirements.
Section 700.3307 Informal appointment proceedings; delay in order; duty of register; effect of appointment.
Section 700.3308 Informal appointment proceedings; proof and required findings.
Section 700.3309 Informal appointment proceedings; register not satisfied.
Section 700.3310 Informal appointment proceedings; notice requirements.
Section 700.3311 Informal appointment unavailable in certain cases.
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 700.3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
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.
Section 700.3415 Independent applications to court.
386-1998-III-5 PART 5 SUPERVISED ADMINISTRATION (700.3501...700.3505)
Section 700.3501 Supervised administration; nature of proceeding.
Section 700.3502 Supervised administration; petition; order.
Section 700.3503 Supervised administration; effect on other proceedings.
Section 700.3504 Supervised administration; powers of personal representative.
Section 700.3505 Supervised administration; interim orders; partial distribution or other relief.
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.
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.
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 700.3703 General duties; relation and liability to persons interested in estate; standing to sue; accounting.
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 700.3713 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions; presumption; compliance with Michigan prudent investor rule; exceptions.
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 700.3721 Employment of agents and compensation of personal representatives and employees of estate; proceedings for review.
Section 700.3722 Authority regarding environmental matters.
386-1998-III-8 PART 8 CREDITORS' CLAIMS (700.3801...700.3815)
Section 700.3801 Notice of creditors.
Section 700.3802 Statute of limitations.
Section 700.3803 Limitations on time for presentation of claims.
Section 700.3804 Manner of presentation of claims; commencement; claims by personal representative.
Section 700.3805 Priority of claim payments; insufficient assets.
Section 700.3806 Allowance and disallowance of claims.
Section 700.3807 Payment of claims.
Section 700.3808 Individual liability of personal representative.
Section 700.3809 Secured claims.
Section 700.3810 Claims not due and contingent or unliquidated claims.
Section 700.3811 Counterclaims.
Section 700.3812 Limitation on execution or levy against property of estate.
Section 700.3813 Settlement of claims.
Section 700.3814 Encumbered assets.
Section 700.3815 Effect of administration in more than one 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.
Section 700.3902 Distribution; order in which assets appropriated; abatement.
Section 700.3903 Indebtedness; set-off.
Section 700.3904 Interest on general pecuniary devise.
Section 700.3905 Penalty clause for contest.
Section 700.3906 Distribution in kind; valuation; method.
Section 700.3907 Pecuniary bequests and trust interests.
Section 700.3908 Proposed distribution.
Section 700.3909 Distribution in kind; evidence.
Section 700.3910 Distribution; right or title of distributee.
Section 700.3911 Improper distribution; liability of distributee.
Section 700.3912 Purchasers from distributees protected.
Section 700.3913 Partition for purpose of distribution.
Section 700.3914 Agreements among successors to decedent binding on personal representative.
Section 700.3915 Distribution to trustee.
Section 700.3916 Disposition of unclaimed assets.
Section 700.3917 Duties of county treasurer.
Section 700.3918 Distribution to person under disability.
Section 700.3919 Final distribution to domiciliary representative.
Section 700.3920 Apportionment of death taxes.
Section 700.3921 Tax on separate interests; governing instrument provisions.
Section 700.3922 Credit for foreign tax paid; payment and recovery of tax; delayed distribution; court determination of apportionment.
Section 700.3923 Allocation of penalty and interest.
Section 700.3924 Survival and wrongful death actions; court approval of settlement and distribution.
386-1998-III-10 PART 10 CLOSING ESTATES (700.3951...700.3959)
Section 700.3951 Notice of continued administration.
Section 700.3952 Formal proceedings terminating administration testate or intestate; order of general protection.
Section 700.3953 Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
Section 700.3954 Closing estate by sworn statement of personal representative.
Section 700.3955 Liability of distributees to claimants.
Section 700.3956 Limitations on proceedings against personal representative.
Section 700.3957 Limitations on actions and proceedings against distributees.
Section 700.3958 Certificate of completion.
Section 700.3959 Subsequent administration.
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 $1,500 and decedent's wearing apparel.
Section 700.3982 Court order distributing small estates.
Section 700.3983 Collection of personal property by sworn statement.
Section 700.3984 Effect of sworn statement.
Section 700.3987 Summary administrative proceedings.
Section 700.3988 Closing by sworn statement of personal representative.