reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.25 - Payment of Expenses.

712A.25 Payment of expenses.
Sec. 25.
(1) Except as otherwise provided by law, expenses incurred in carrying out this chapter shall be paid upon the court's order by the county treasurer from the county's general fund.
(2) A county that is a county juvenile agency shall pay expenses for county juvenile agency services incurred in carrying out this chapter from the block grant distributed under section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, and other funds made available for that purpose and is not obligated under subsection (1) to pay for juvenile justice services other than county juvenile agency services as required by section 117a of the social welfare act. As used in this subsection, "county juvenile agency services" and "juvenile justice service" mean those terms as defined in section 117a of the social welfare act.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.25 ;-- Am. 1951, Act 98, Eff. Sept. 28, 1951 ;-- Am. 1955, Act 112, Eff. Oct. 14, 1955 ;-- Am. 1976, Act 383, Imd. Eff. Dec. 28, 1976 ;-- Am. 1998, Act 478, Eff. Jan. 12, 1999
Former Law:
See sections 7, 21, 22, 24, and 25 of Ch. XII of Act 288 of 1939; CL 1929, § 12840; Act 30 of 1931; Act 260 of 1937; and CL 1929, § 12844.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.26 - Contempt of Court; Punishment.

712A.26 Contempt of court; punishment.
Sec. 26.
The court shall have the power to punish for contempt of court under chapter 17 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1701 to 600.1745, any person who willfully violates, neglects, or refuses to obey and perform any order or process the court has made or issued to enforce this chapter.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.26 ;-- Am. 1998, Act 474, Eff. Mar. 1, 1999
Compiler's Notes:
Act 314 of 1915, referred to in this section, was repealed by Act 236 of 1961. See now MCL 600.101 et seq.
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.27 - Quarters, Equipment and Supplies for Use of Juvenile Division.

712A.27 Quarters, equipment and supplies for use of juvenile division.
Sec. 27.
Suitable quarters, equipment, and supplies shall be provided by the board of supervisors of each county for the use of the juvenile division of the probate court in said county.
History:
Add. 1944, 1st Ex. Sess., Act 54, Imd. Eff. Mar. 6, 1944 ;-- CL 1948, 712A.27
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.29.amended - Allocation and Application of Money Collected; "Crime Victim Payment" Defined.

***** 712A.29.amended THIS AMENDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
712A.29.amended Allocation and application of money collected; "crime victim payment" defined.
Sec. 29.
(1) If a child is subject to restitution or payments arising out of the same order of disposition, money collected from that child, or the child's parent or parents, for the payment of restitution or other payments must be allocated as provided in this section.
(2) If a child is subject to payment of crime victim payments or other payments, 100% of the money collected from that child, or the child's parent or parents, must first be applied to the payment of restitution to a victim or victim's estate before the balance can be applied to assessments to the crime victim rights fund.
(3) As used in this section, "crime victim payment" means restitution ordered under sections 30 and 31 of this chapter and under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, paid to the victim or the victim's estate, but not to a person who reimbursed the victim for his or her loss. Crime victim payment also includes assessments to the crime victim rights fund ordered under section 5 of 1989 PA 196, MCL 780.905.
History:
Add. 1993, Act 344, Eff. May 1, 1994 ;-- Am. 2003, Act 74, Eff. Oct. 1, 2003 ;-- Am. 2023, Act 301, Eff. Oct. 1, 2024
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.29a.added - Reimbursement or Collection of Fines, Fees, and Costs; Prohibition.

***** 712A.29a.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 1, 2024 *****
712A.29a.added Reimbursement or collection of fines, fees, and costs; prohibition.
Sec. 29a.
(1) The court shall not order a juvenile within the court's jurisdiction under section 2(a)(1) or (f) of this chapter or the juvenile's parent, guardian, or legal custodian to reimburse the court for any fine, fees, or costs related to the juvenile's court case.
(2) Beginning October 1, 2024, the court shall not collect the balance of any court–ordered fines, fees, or costs previously assessed to a juvenile under section 29 of this chapter, or former section 18m of this chapter, and only the portion of any court order that imposed those fines, fees, or costs is vacated and unenforceable.
History:
Add. 2023, Act 301, Eff. Oct. 1, 2024
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.31 - Determining Amount of Restitution; Factors in Disposition Report; Disclosure of Matters Described in Subsection (1); Burden of Demonstrating Amount or Type of Restitution.

712A.31 Determining amount of restitution; factors in disposition report; disclosure of matters described in subsection (1); burden of demonstrating amount or type of restitution.
Sec. 31.
(1) In determining the amount of restitution to order under section 30 of this chapter, the court shall consider the amount of the loss sustained by any victim as a result of the juvenile offense. In determining whether to order the juvenile's supervisory parent to pay restitution under section 30(15) of this chapter, the court shall consider the financial resources of the juvenile's supervisory parent and the other factors specified in section 30(16) of this chapter.
(2) The court may order the person preparing a report for the purpose of disposition to obtain information pertaining to the factors set forth in subsection (1). That person shall include the information collected in the disposition report or in a separate report, as the court directs.
(3) The court shall disclose to the juvenile, the juvenile's supervisory parent, and the prosecuting attorney all portions of the disposition or other report pertaining to the matters described in subsection (1).
(4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the juvenile offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the juvenile's supervisory parent and the other factors specified in section 30(16) of this chapter shall be on the supervisory parent.
History:
Add. 1993, Act 344, Eff. May 1, 1994 ;-- Am. 1996, Act 561, Eff. June 1, 1997
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIA - Chapter Xiia Jurisdiction, Procedure, and Disposition Involving Minors (712a.1...712a.32) › Section 712A.32 - Order to Appear for Identification; Notice of Right to Attorney; Appointment of Attorney.

712A.32 Order to appear for identification; notice of right to attorney; appointment of attorney.
Sec. 32.
(1) If a complaint or petition is filed with the court against a juvenile for violating a criminal law of this state or of a local unit of government of this state, the court may, at the request of the person or entity submitting the complaint or petition, order the juvenile to appear at a place and time designated by the court for identification by another person. Identification under this section may include identification in a corporeal lineup.
(2) If the court orders identification proceedings under this section, the court shall notify the juvenile and the juvenile's parent, guardian, or custodian that he or she has the right to consult an attorney and to have an attorney present during the identification proceedings. If the juvenile and the juvenile's parent, guardian, or custodian cannot afford an attorney but request an attorney, the court shall appoint an attorney to represent the juvenile.
History:
Add. 1996, Act 251, Eff. Jan. 1, 1997
Popular Name:
Probate Code
Popular Name:
Juvenile Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.1 - Chapter; Short Title.

712B.1 Chapter; short title.
Sec. 1.
This chapter shall be known and may be cited as the "Michigan Indian family preservation act".
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.5 - Best Interests of Child; Duties of Courts.

712B.5 Best interests of child; duties of courts.
Sec. 5.
In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child's tribe, in accordance with the Indian child welfare act, and the policy specified in this section. Courts shall do both of the following:
(a) Protect the best interests of Indian children and promote the stability and security of Indian tribes and families.
(b) Ensure that the department uses practices, in accordance with the Indian child welfare act, this chapter, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, place an Indian child in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.11 - Examination of Reports or Documents by Parties.

712B.11 Examination of reports or documents by parties.
Sec. 11.
Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or other documents filed with the court upon which any decision with respect to that proceeding may be based.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.17 - Qualified Expert Witness.

712B.17 Qualified expert witness.
Sec. 17.
(1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of preference:
(a) A member of the Indian child's tribe, or witness approved by the Indian child's tribe, who is recognized by the tribal community as knowledgeable in tribal customs and how the tribal customs pertain to family organization and child rearing practices.
(b) A person with knowledge, skill, experience, training, or education and who can speak to the Indian child's tribe and its customs and how the tribal customs pertain to family organization and child rearing practices.
(2) A party to a child custody proceeding may present his or her own qualified expert witness to rebut the testimony of the petitioner's qualified expert witness.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.19 - Improper Removal of Child From Custody.

712B.19 Improper removal of child from custody.
Sec. 19.
If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and immediately return the child to his or her parent or Indian custodian unless returning the child to his or her parent or Indian custodian would subject the child to a substantial and immediate danger or threat of danger.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.21 - Appointment of Counsel.

712B.21 Appointment of counsel.
Sec. 21.
(1) In a case in which the court determines indigency, the parent or Indian custodian has the right to court-appointed counsel in a removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the best interest of the child. If state law makes no provision for appointment of counsel in those proceedings, the court shall promptly notify the secretary upon appointment of counsel.
(2) If state law does not require the appointment of a lawyer-guardian ad litem for the child, the court may, in its discretion, appoint a lawyer-guardian ad litem for the child upon a finding that the appointment is in the best interest of the child.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.27 - Voluntary Placement Consent; Visitation; Notice of Pending Proceeding; Providing Certain Information to Indian Individual Reaching Age of 18; Withdrawal of Consent by Parent; Petition for Return of Custody.

712B.27 Voluntary placement consent; visitation; notice of pending proceeding; providing certain information to Indian individual reaching age of 18; withdrawal of consent by parent; petition for return of custody.
Sec. 27.
(1) If a release or consent to adoption under chapter X is executed, consent to voluntary placement of an Indian child must also be executed by both parents of the Indian child in accordance with section 13 of this chapter.
(2) At any time during an adoption proceeding, a court may order visitation between the Indian child and 1 or more members of the Indian child's tribe and extended family members.
(3) Notice of the pending proceeding must be given as prescribed by Michigan supreme court rule, the Indian child welfare act, and section 9 of this chapter.
(4) Upon application by an Indian individual who has reached the age of 18 and who was subject to adoptive placement, the court that entered the order of adoption shall inform the individual of his or her tribal affiliation, if known, of the individual's biological parents, and provide any information as necessary to protect any rights from the individual's tribal relationship.
(5) After the entry of a final order of adoption of an Indian child in any state court, the parent may withdraw consent on the grounds that consent was obtained through fraud or duress and may petition the court to vacate the final order of adoption. Upon a finding that the consent was obtained through fraud or duress, the court shall vacate the final order of adoption and return the child to the parent. No adoption that has been effective for at least 2 years may be invalidated under the provisions of this subsection unless otherwise permitted under state law.
(6) Notwithstanding state law to the contrary, whenever a final order of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of section 1912 of the Indian child welfare act, 25 USC 1912, that the return of custody is not in the best interests of the child.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.29 - Child Taken Into Custody Under Section 14 of Chapter Xiia; Termination of Subsequent Placement; Condition; Initiation of Child Custody Proceeding; Duties of Court.

712B.29 Child taken into custody under section 14 of chapter XIIA; termination of subsequent placement; condition; initiation of child custody proceeding; duties of court.
Sec. 29.
(1) If an Indian child is taken into custody under section 14 of chapter XIIA, the subsequent placement shall terminate immediately when the removal and placement are no longer necessary to prevent imminent physical damage or harm to the child.
(2) If a child is taken into custody under section 14 of chapter XIIA and the child is under the exclusive jurisdiction of an Indian tribe or is domiciled on a reservation but temporarily located off the reservation, the court shall immediately initiate a child custody proceeding and do either of the following:
(a) Transfer the child to the jurisdiction of the appropriate Indian tribe.
(b) Return the child to the parent or Indian custodian.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.31 - Agreements.

712B.31 Agreements.
Sec. 31.
(1) The state is authorized to enter into agreements with tribes in this state regarding the care and custody of Indian children, funding of the care and custody of Indian children, and jurisdiction over child custody proceedings, including agreements that may provide for transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the state and Indian tribes.
(2) Unless the agreement provides otherwise, both of the following apply:
(a) The agreements described in subsection (1) may be revoked by either party upon 180 days' written notice to the other party.
(b) Revocation of an agreement does not affect any action or proceeding over which the court already has jurisdiction.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.33 - Department Review of Cases; Monitoring; Standards and Procedures.

712B.33 Department review of cases; monitoring; standards and procedures.
Sec. 33.
The department, in consultation with Indian tribes in this state, shall establish standards and procedures for the department's review of cases subject to this chapter and methods for monitoring the department's compliance with provisions of the Indian child welfare act and this chapter.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.35 - Providing Secretary and Tribal Enrollment Officer With Copy of Court Decree or Order; Other Information.

712B.35 Providing secretary and tribal enrollment officer with copy of court decree or order; other information.
Sec. 35.
(1) A Michigan court entering a final decree or order in any Indian child adoptive placement shall provide the secretary and the tribal enrollment officer of the appropriate tribe with a copy of the decree or order together with other information as may be necessary to show the following:
(a) The name, date of birth, and tribal affiliation of the child.
(b) The names and addresses of the biological parents, if known.
(c) The names and addresses of the adoptive parents.
(d) The identity of any agency having files or information relating to the adoptive placement.
(2) If court records contain a statement of identifying information of the biological parent or parents that their identity remains confidential, the court shall include the statement of identifying information with the other information sent to the secretary and the tribal enrollment officer of the appropriate Indian tribe described in subsection (1).
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.37 - Census.

712B.37 Census.
Sec. 37.
The department shall publish annually a census with no individually identifiable information of all Indian children in the department's care and custody. The census shall include, by county and statewide, information regarding the Indian children on all of the following:
(a) Legal status.
(b) Placement information and whether it complies with this chapter.
(c) Age.
(d) Sex.
(e) Tribe in which the child is a member or eligible for membership.
(f) Accumulated length of time in foster care.
(g) Other demographic information considered appropriate concerning all Indian children who are the subject of child custody proceedings.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.39 - Invalidation of Actions; Petition.

712B.39 Invalidation of actions; petition.
Sec. 39.
Any Indian child who is the subject of an action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody an Indian child was removed, and the Indian child's tribe may petition any court of competent jurisdiction to invalidate the action upon a showing that the action violated any provision of sections 7, 9, 11, 13, 15, 21, 23, 25, 27, and 29 of this chapter.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIIB - Chapter Xiib (712b.1...712b.41) › Section 712B.41 - Severability.

712B.41 Severability.
Sec. 41.
If any provision of this chapter or its application to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this chapter that can be given effect without the invalid provision or application. For this purpose, the provisions of this chapter are severable.
History:
Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013
Popular Name:
Probate Code
2023 Michigan Compiled Laws › Chapters 701 - 713 - Probate Code › Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6) › 288-1939-XIII - Chapter XIII Miscellaneous and Repeals (713.1...713.6) › Section 713.1-713.6 - Repealed. 1978, Act 642, Eff. July 1, 1979.

713.1-713.6 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 144 of 1963 - Uniform Estate Tax Apportionment Act (720.11 - 720.21)

UNIFORM ESTATE TAX APPORTIONMENT ACT
Act 144 of 1963
720.11-720.21 Repealed. 2000, Act 54, Eff. Apr. 1, 2000.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 207 of 1917 - Settlement of Contest of Certain Wills (720.51 - 720.53)

SETTLEMENT OF CONTEST OF CERTAIN WILLS
Act 207 of 1917
720.51-720.53 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 178 of 1945 - United States Savings Bonds; Right of Payees (720.81 - 720.81)

UNITED STATES SAVINGS BONDS; RIGHT OF PAYEES
Act 178 of 1945
720.81 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 242 of 1968 - Delivery of Intangible Personalty to Domiciliary Representative (720.91 - 720.91)

DELIVERY OF INTANGIBLE PERSONALTY TO DOMICILIARY REPRESENTATIVE
Act 242 of 1968
720.91 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 73 of 1941 - Uniform Simultaneous Death Act (720.101 - 720.108)

UNIFORM SIMULTANEOUS DEATH ACT
Act 73 of 1941
720.101-720.108 Repealed. 1998, Act 386, Eff. Apr. 1, 2000.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Repealed - Act 305 of 1941 - Continuation of Decedent's Business by Fiduciary (720.151 - 720.164)

CONTINUATION OF DECEDENT'S BUSINESS BY FIDUCIARY
Act 305 of 1941
720.151-720.164 Repealed. 1978, Act 642, Eff. July 1, 1979.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.201 - State Public Administrator; Appointment, Term, Salary, Expenses.

720.201 State public administrator; appointment, term, salary, expenses.
Sec. 1.
There shall be a public administrator for the state of Michigan, to be known in this act as the “state public administrator.” The governor shall appoint, upon the recommendation of the attorney general, 1 of the assistants attorney general to act and hold office during the pleasure of the governor as such state public administrator. Such assistant attorney general shall receive no other or further annual salary than that paid to him as an assistant attorney general for services performed while acting as state public administrator. His actual and necessary traveling expenses shall be allowed and paid in the same manner as other accounts of assistants attorney general of like nature are allowed and paid, and the attorney general shall provide him with stationery, supplies and equipment and such legal and clerical assistance as may be required in the maintenance and performance of the duties of his office.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.201
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.202 - County Public Administrator; Appointment, Qualifications, and Term; Source of Compensation.

720.202 County public administrator; appointment, qualifications, and term; source of compensation.
Sec. 2.
The state public administrator, when he deems it necessary because of the volume or nature of the duties of his office to engage assistance in the performance thereof, may appoint in any county of this state, as county public administrators, thereof and therefor, any person or persons suitable and competent to administer estates of deceased persons. Each county public administrator shall hold office at the pleasure of the state public administrator and shall be appointed to act as county public administrator only in and of the county in which he maintains his legal residence or principal place of business. A county public administrator shall not receive a salary or other emoluments of office but shall, when appointed fiduciary of an estate by virtue of this act, be allowed all necessary expenses incurred in the administration thereof, together with other fees, compensation, and allowances authorized by statute and by order of the judge of probate to be paid the fiduciary out of the estate, all of which expenses, fees, compensation, and allowances shall be paid out of the corpus of the estate administered. In a county of this state in which there is no person both suitable and willing to act as a county public administrator in and for the county, the state public administrator may appoint the county public administrator of an adjoining county to act in that county.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.202 ;-- Am. 1976, Act 180, Imd. Eff. July 1, 1976
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.203 - Repealed. 1978, Act 642, Eff. July 1, 1979.

720.203 Repealed. 1978, Act 642, Eff. July 1, 1979.
Compiler's Notes:
The repealed section pertained to conditions of granting administration of estate to state public administrator.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.204 - State Public Administrator; Filing Copy of Appointment of County Public Administrator, Letters of Administration.

720.204 State public administrator; filing copy of appointment of county public administrator, letters of administration.
Sec. 4.
Whenever the state public administrator shall file with the probate court of any county a copy, certified by said state public administrator, of the appointment of a county public administrator to act in the county in which the certificate is so filed, then letters of administration may, instead of being issued and granted to the state public administrator, be granted and issued to such county public administrator, and he shall be entitled to receive the same at any time that his appointment as such remains in full force and effect.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.204
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.205 - Repealed. 1978, Act 642, Eff. July 1, 1979.

720.205 Repealed. 1978, Act 642, Eff. July 1, 1979.
Compiler's Notes:
The repealed section pertained to petition for administration.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.206 - State or County Public Administrator; Powers and Authority.

720.206 State or county public administrator; powers and authority.
Sec. 6.
The state public administrator and the duly appointed and acting county public administrators shall have all the powers and authority of a fiduciary now or hereafter conferred by law, and shall be subject to the same obligations and liabilities in the administering of estates coming under their control by reason of their appointment as fiduciary under the provisions of this act. It is the intent of this act that all estates coming within the supervision and control of the state public administrator and the control of the duly appointed and acting county public administrators shall be administered in like manner as other estates of decedents are or may be administered, except only as herein provided.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.206
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.207 - State or County Public Administrator; Bonds.

720.207 State or county public administrator; bonds.
Sec. 7.
Instead of a separate bond for each estate, the state public administrator shall give a general bond running to the people of the state of Michigan, conditioned for the faithful administration of all estates on which letters of administration may be granted to him, which bond shall be in the penal sum of $10,000.00 with sufficient surety or sureties to be approved by the governor. Every county public administrator, before letters of administration shall be granted to him in connection with any estate in which he may be called upon to act as fiduciary under the provisions of this act, shall give a bond in each separate estate to the judge of probate with such surety or sureties and in such amount as he shall direct and approve, said bond to embrace and include the same conditions required of any other fiduciary appointed and acting under the general probate laws of this state.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.207
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.208 - Repealed. 1978, Act 642, Eff. July 1, 1979.

720.208 Repealed. 1978, Act 642, Eff. July 1, 1979.
Compiler's Notes:
The repealed section pertained to appointment of special administrator.
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.209 - State Public Administrator; Vacancy, Filling; Bond of Predecessor Fiduciary, Continuation.

720.209 State public administrator; vacancy, filling; bond of predecessor fiduciary, continuation.
Sec. 9.
In case of a vacancy occurring in the office of state public administrator from any cause, it shall be the duty of the governor and the attorney general to fill such vacancy forthwith in the manner as in this act provided for appointment of a state public administrator. Upon qualification for such office the succeeding state public administrator shall be the fiduciary of any unclosed estate to which his predecessor was appointed fiduciary under the provisions of this act, and he shall forthwith notify each probate court having jurisdiction of any such unclosed estate of such appointment, and such successor state public administrator shall be entitled to the possession of all the property, bank accounts, books, papers and records pertaining to any such estate, and shall, under the direction of said probate court, proceed to completion of administration of any such estate. The bond of such predecessor fiduciary may be continued as the bond of the new appointee, with the consent of the surety or sureties thereon, but in the event of a new bond being filed, the surety, if a corporation, shall refund the unearned premium on such cancelled bond.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.209
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.210 - County Public Administrator; Vacancy, Filling.

720.210 County public administrator; vacancy, filling.
Sec. 10.
In case of a vacancy occurring in the office of county public administrator in and for any county from any cause, the state public administrator may fill such vacancy forthwith and thereupon notify the probate court of the county in which such vacancy occurred of the fact of such vacancy and the name of the county public administrator so appointed to fill such vacancy.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.210
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.211 - County Public Administrator; Termination of Appointment; Petition to Resign Trust and for Discharge; Final Accounting.

720.211 County public administrator; termination of appointment; petition to resign trust and for discharge; final accounting.
Sec. 11.
Whenever the appointment of any county public administrator shall terminate, other than by reason of death or incapacity, it shall be within the discretion of the state public administrator either to permit such county public administrator whose appointment has terminated to proceed with the administration of any estate in which he has been appointed fiduciary by virtue of the provisions of this act, or to make written request that such county public administrator present to the probate court, within a reasonable length of time, a petition in manner and form as is in the general probate laws of this state provided, praying that he be permitted to resign his trust, together with his final account, praying also that such final account may be judicially settled and that he be discharged in accordance with the provisions of the general probate laws. The said petition, when made pursuant to the written request of the state public administrator, acting for and in the interests of the people of the state of Michigan, shall constitute sufficient grounds for the entertaining thereof by the judge of probate having jurisdiction of any such estate, and for the granting of the prayer thereof: Provided, That where it appears from such final account that any such estate has been fully administered, upon the allowance thereof by the judge of probate, such fiduciary may be permitted to proceed to close out said estate, to distribute the residue thereof, and to receive his discharge according to law.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.211
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.212 - County Public Administrator; Petition to Remove on Failure to Render Final Account; Proof of Mailing; Notice of Hearing; Release of Sureties.

720.212 County public administrator; petition to remove on failure to render final account; proof of mailing; notice of hearing; release of sureties.
Sec. 12.
Whenever the state public administrator shall request any county public administrator, whose appointment as such has terminated, to present within a reasonable length of time to the probate court the aforesaid petition, praying that he be permitted to resign his trust, together with his final account as in this act provided, and such former county public administrator has failed, neglected or refused to comply with such request, the attorney general or the state public administrator, may thereupon, on behalf of the people of the state of Michigan, petition the probate court for the removal of such former county public administrator as fiduciary of any estate in which he received such appointment by virtue of the provisions of this act. The said petition of the attorney general or the state public administrator shall have attached thereto a true copy of the aforesaid request, together with proof of mailing thereof to the former county public administrator at his last known place of business at least 10 days prior to the date of filing of said petition, and such petition shall thereupon constitute sufficient grounds for the granting of the prayer for the removal of said fiduciary and the entry of an order by the judge of probate directing said fiduciary to render his final account: Provided, That notice of hearing on said petition shall be in manner and form as provided in the general probate laws of this state: Provided further, That the sureties of such fiduciary shall not be released from liability until such fiduciary shall have fully settled and adjusted his accounts as by law required.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.212
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.213 - County Public Administrator; Accounting and Petition for Compensation; Proof of Mailing; Approval.

720.213 County public administrator; accounting and petition for compensation; proof of mailing; approval.
Sec. 13.
Whenever a county public administrator whose appointment has terminated shall present to the probate court the final account as in this act provided, or whenever any county public administrator shall have rendered any account in any estate in which he has been appointed fiduciary under the provisions of this act, he shall, within 24 hours after same is regularly noticed for hearing, mail to the state public administrator a true copy of such account, together with any petition for extra compensation or allowance filed in conjunction with said account, and file proof of mailing thereof with the probate court. The state public administrator upon receipt thereof shall examine such account and may indicate his approval or disapproval thereof to the probate judge having jurisdiction thereof prior to the date of hearing thereon, and may appear in said probate court to contest any or all parts thereof and the attorney general may appear in like manner for the same purpose, and the said judge of probate shall not pass upon said account in the absence of the aforesaid proof of mailing.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.213
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.214 - County Public Administrator; Termination of Appointment as Special Administrator; Final Accounting, Filing; General Administrator.

720.214 County public administrator; termination of appointment as special administrator; final accounting, filing; general administrator.
Sec. 14.
In all estates wherein the county public administrator whose appointment has terminated is acting as special administrator by virtue of the provisions of this act, he shall, upon the request of the state public administrator, forthwith prepare and file final accounts as such special administrator and notice the same on for hearing as provided in the general probate laws of this state, and shall within 24 hours thereafter transmit a true copy thereof to the state public administrator, filing proof of mailing thereof in the probate court. The state public administrator shall have the same powers and duties in respect to the said accounts of the special administrator as is in this act provided for general administration. In the event that there remains in such estates assets to be administered, the said state public administrator, or any county public administrator specifically designated by him, shall forthwith petition for the appointment of a county public administrator as general administrator of such estates, pursuant to the provisions of this act.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.214
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.215 - County Public Administrator; Vacancy Due to Death or Incapacity, Filling.

720.215 County public administrator; vacancy due to death or incapacity, filling.
Sec. 15.
Whenever a vacancy shall occur in the office of county public administrator because of the death or incapacity of such county public administrator, the state public administrator, or any county public administrator specifically designated by him, shall petition the probate court, pursuant to the provisions of this act, for appointment as special and/or successor general administrator in each estate in which such deceased or incapacitated county public administrator was appointed fiduciary by virtue of the provisions of this act.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.215
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.216 - County Public Administrator; Appointment as Successor Fiduciary; Allowance of Fees.

720.216 County public administrator; appointment as successor fiduciary; allowance of fees.
Sec. 16.
Whenever any county public administrator shall be appointed as a successor fiduciary of any estate pursuant to the provisions of this act, he shall be allowed only a ratable and proportionate fee for this service, the same to be as provided by the general probate laws of this state and as determined by the judge of probate, to the end that the corpus of no estate shall be unjustifiably diminished by reason of the change of fiduciary as herein provided.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.216
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.217 - County Public Administrator; Report by Fiduciary as to Facts Causing Delay and Preventing Closing of Estate.

720.217 County public administrator; report by fiduciary as to facts causing delay and preventing closing of estate.
Sec. 17.
Whenever any county public administrator shall have been appointed fiduciary of any estate by virtue of the provisions of this act, and more than 1 year shall have elapsed since the date of issuance of letters of administration to such fiduciary, and said estate shall not have been closed, the said fiduciary shall in writing inform the state public administrator of the facts and circumstances preventing the closing of such estate.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.217
2023 Michigan Compiled Laws › Chapter 720 - Probate › Act 194 of 1947 - State Public Administrator (720.201 - 720.223) › Section 720.218 - State or County Public Administrator; Escheated Property Turned Over to State Treasurer.

720.218 State or county public administrator; escheated property turned over to state treasurer.
Sec. 18.
If the state public administrator or a county public administrator has been appointed fiduciary of an estate under the provisions of this act and has completely administered the estate and if the residue of the estate has been assigned to the people of the state of Michigan as an escheated estate by the judge of probate having jurisdiction of the estate, the fiduciary shall deliver the assigned residue to the state treasurer pursuant to the uniform unclaimed property act, together with a true copy of petition for appointment of administrator and certified copies of final account, order allowing final account, and order assigning residue. In addition to the requirements under the uniform unclaimed property act, the state treasurer, upon receipt of the residue of the estate, shall furnish the fiduciary with official receipts for the residue, in duplicate, 1 to be filed with the probate court having jurisdiction of the estate, the other to be retained by the fiduciary. The fiduciary shall deliver to the state treasurer, together with the residue, any personal effects of the deceased, such as abstracts of title pertaining to real estate that has escheated to the state, unsurrendered insurance policies, receipts, documents, correspondence, or other material having probative value that has come into the possession of the fiduciary and would tend to prove or refute any future claim of ownership in or to the residue. The state treasurer shall hold the personal effects of the deceased pursuant to the uniform unclaimed property act and make them a part of the records of the estate.
History:
1947, Act 194, Imd. Eff. June 12, 1947 ;-- CL 1948, 720.218 ;-- Am. 1995, Act 47, Eff. Jan. 1, 1996