reglab/statecodes huggingface dataset:
2023 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-5 - Part 5 Supervised Administration (700.3501...700.3505) › Section 700.3503 - Supervised Administration; Effect on Other Proceedings.

700.3503 Supervised administration; effect on other proceedings.
Sec. 3503.
(1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on a pending informal application or an informal application filed after commencement of the proceeding for supervised administration.
(2) If a will has been previously probated in informal proceedings, the filing of a petition for supervised administration has the same effect as a formal testacy proceeding under section 3401.
(3) After receipt of notice of the filing of a supervised administration petition, a personal representative who has been previously appointed shall not exercise the power to distribute the estate. The filing of such a petition does not affect the personal representative's other powers and duties unless the court restricts the exercise of any of those powers and duties pending full hearing on the petition.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-5 - Part 5 Supervised Administration (700.3501...700.3505) › Section 700.3504 - Supervised Administration; Powers of Personal Representative.

700.3504 Supervised administration; powers of personal representative.
Sec. 3504.
Unless restricted by the court, a supervised personal representative has, without an interim order approving exercise of a power, all the powers of a personal representative under this act, but shall not exercise the power to make a distribution of the estate without prior court order. Any other restriction on a supervised personal representative's power that the court orders must be endorsed on the letters of appointment. Unless a restriction is endorsed as provided in this section, the restriction is ineffective as to persons dealing in good faith with the personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-5 - Part 5 Supervised Administration (700.3501...700.3505) › Section 700.3505 - Supervised Administration; Interim Orders; Partial Distribution or Other Relief.

700.3505 Supervised administration; interim orders; partial distribution or other relief.
Sec. 3505.
Unless otherwise ordered by the court, supervised administration is terminated by an order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under section 3952. The court may issue an interim order approving or directing a partial distribution or granting other relief at any time during the pendency of a supervised administration on the petition of the personal representative or an interested person.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-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.

700.3601 Qualification; limitation and procedure with regard to specified assets.
Sec. 3601.
(1) Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
(2) In filing the statement of acceptance, the personal representative may exclude from the scope of the personal representative's responsibility, for a period not to exceed 91 days, real estate or an ownership interest in a business entity if the personal representative reasonably believes the real estate or other property owned by the business entity is or may be contaminated by a hazardous substance, or is or has been used for any activity directly or indirectly involving a hazardous substance, that could result in liability to the estate or otherwise impair the value of property held in the estate. The personal representative must identify the real estate or ownership interest being excluded and shall specify the time period of exclusion.
(3) If the personal representative identifies excluded property under subsection (2), the personal representative's responsibilities extend to the excluded property at the end of the exclusion period or upon the personal representative's notice to the court of acceptance of that property, unless, before the end of the exclusion period, the personal representative requests the court to appoint a special personal representative with respect to the excluded property or to exercise administrative authority over the excluded property by direct judicial order.
(4) In response to a request by the general personal representative under subsection (3), the court may do either of the following:
(a) Appoint a special personal representative with the duty and authority to collect and manage the excluded property, but only to the extent necessary for proper settlement of the estate and to preserve, account with respect to, and distribute or otherwise dispose of the excluded property as directed by the general personal representative or other court order.
(b) Directly administer the excluded property by judicial orders without the appointment of a personal representative with respect to the property.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3602 - Acceptance of Appointment; Consent to Jurisdiction.

700.3602 Acceptance of appointment; consent to jurisdiction.
Sec. 3602.
By accepting appointment, a personal representative submits personally to the court's jurisdiction in a proceeding relating to the estate that may be instituted by an interested person. The interested person instituting the proceeding must give notice of the proceeding to the personal representative by personal service or by ordinary first-class mail mailed to the personal representative's address as stated in the application or petition for appointment, or as otherwise reported to the court, and if different, to the personal representative's address as then known to the interested person.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3603 - Bond Not Required Without Court Order; Exceptions.

700.3603 Bond not required without court order; exceptions.
Sec. 3603.
(1) A bond is not required of a personal representative appointed in informal proceedings, except in any of the following circumstances:
(a) A special personal representative is appointed.
(b) The personal representative is appointed to administer an estate under a will containing an express requirement of bond.
(c) Bond is required under section 3605.
(2) Except as otherwise provided in this subsection, in a formal proceeding, the court may order bond at the time of the personal representative's appointment. The court shall not order bond of the personal representative in the formal proceeding if the will relieves the personal representative of bond, unless an interested person requests bond and the court is satisfied that bond is desirable. If a will in a formal proceeding requires bond, bond may be dispensed with if the court determines it is unnecessary.
(3) Bond is not required of a personal representative who deposits, as determined by the court, cash or collateral with the county treasurer to secure performance of the fiduciary duties.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3604 - Bond Amount; Security; Procedure; Reduction.

700.3604 Bond amount; security; procedure; reduction.
Sec. 3604.
If bond is required and the provisions of the will or order do not specify the amount, unless stated in the person's application or petition, a person qualifying shall file a statement under oath with the register indicating the person's best estimate of the value of the decedent's personal estate and of the income expected from the personal and real estate during the next year, and shall execute and file a bond with the register, or give other suitable security, in an amount not less than the estimate. The register shall determine that the bond is duly executed by a corporate surety, or 1 or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. The register may permit the amount of the bond to be reduced by the value of estate property deposited in this state with a financial institution in a manner that prevents the property's unauthorized disposition. On petition of the personal representative or another interested person or on the court's own motion, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3605 - Demand for Bond by Interested Person.

700.3605 Demand for bond by interested person.
Sec. 3605.
A person apparently having an interest in the estate worth in excess of $2,500.00 or a creditor having a claim against the estate in excess of $2,500.00 may make a written demand that a personal representative give bond. The demand must be filed with the register, and if appointment and qualification have occurred, a copy must be mailed to the personal representative. Upon filing of the demand, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate or if bond is excused as provided in section 3603 or 3604. After receipt of notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of the fiduciary office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within 28 days after receipt of notice is cause for removal and appointment of a successor personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3606 - Requirements and Provisions of Bonds.

700.3606 Requirements and provisions of bonds.
Sec. 3606.
The following requirements and provisions apply to a bond required by this part:
(a) A bond shall name the state of Michigan as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issues letters to the primary obligor in a proceeding pertaining to the personal representative's fiduciary duties and naming the surety as a party. The petitioner shall notify a surety of a proceeding by personal service or by registered or certified mail to the surety's address as listed with the court where the bond is filed and to the surety's address as then known to the petitioner.
(d) On petition of a successor personal representative, another personal representative of the same decedent, or an interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the personal representative's bond. If a fiduciary fails to perform a duty or perform a duty properly, the court may order a surety to perform an act the fiduciary should have performed or to correct an act the fiduciary performed improperly.
(e) The personal representative's bond is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(f) An action or proceeding shall not be commenced against the surety on a matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3607 - Order Restraining Personal Representative.

700.3607 Order restraining personal representative.
Sec. 3607.
(1) On petition of a person who appears to be an interested person or acting on the court's own motion, the court, by temporary order, may restrain a personal representative from performing a specified act of administration, disbursement, or distribution, or from exercising a power or discharging a duty of the personal representative's office, or may make another order to secure proper performance of the personal representative's duty, if it appears to the court that the personal representative otherwise may take some action that would jeopardize unreasonably the interest of the petitioner or of some other interested person. A person with whom the personal representative may transact business may be made a party.
(2) The court shall set a hearing date for a matter described in subsection (1), which hearing date shall be not more than 14 days after the date of the issuance of the temporary order, unless the parties agree otherwise. Notice shall be given as the court directs to the personal representative, to the personal representative's attorney of record, if any, and to any parties named defendant in the petition.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3608 - Termination of Appointment Generally.

700.3608 Termination of appointment generally.
Sec. 3608.
Termination of appointment of a personal representative occurs as provided in sections 3609 to 3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this act or a will, except that a personal representative, at any time before distribution or until restrained or enjoined by court order, may perform an act necessary to protect the estate and may deliver property to a successor personal representative. Termination does not discharge a personal representative from liability for a transaction or omission occurring before termination, or relieve the personal representative of the duty to preserve property subject to the personal representative's control, and to account for and deliver that property. Termination does not affect the court's jurisdiction over the personal representative, but does terminate the personal representative's authority to represent the estate in a pending or future proceeding.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3609 - Termination of Appointment; Death or Disability.

700.3609 Termination of appointment; death or disability.
Sec. 3609.
The personal representative's death or a conservator's appointment for the personal representative's estate terminates the appointment of that individual. Until appointment and qualification of a successor or special personal representative to replace the deceased or protected personal representative, the personal representative of the estate of the deceased or conservator of the protected personal representative has the duty to protect the estate possessed and being administered by the decedent or ward at the time the appointment terminates, has the power to perform acts necessary for that protection, and shall account for and deliver the estate property to a successor or special personal representative upon the successor's appointment and qualification.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3610 - Termination of Appointment; Voluntary.

700.3610 Termination of appointment; voluntary.
Sec. 3610.
(1) A personal representative's appointment terminates 1 year after the filing of a closing statement as provided in section 3954.
(2) A personal representative's appointment terminates when the court enters an order closing an estate as provided in section 3952 or 3953.
(3) After giving at least 14 days' written notice to known interested persons, a personal representative may resign by filing a written statement of resignation with the register. If no one applies or petitions for appointment of a successor personal representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and is effective only upon the appointment and qualification of a successor personal representative and delivery of the estate property to the successor personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3611 - Termination of Appointment by Removal; Cause; Procedure.

700.3611 Termination of appointment by removal; cause; procedure.
Sec. 3611.
(1) An interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. The petitioner shall give notice to the personal representative and to other persons as the court orders. Except as otherwise ordered under section 3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court shall also direct by order the disposition of the property remaining in the name of, or under the control of, the personal representative being removed.
(2) The court may remove a personal representative under any of the following circumstances:
(a) Removal is in the best interests of the estate.
(b) It is shown that the personal representative or the person who sought the personal representative's appointment intentionally misrepresented material facts in a proceeding leading to the appointment.
(c) The personal representative did any of the following:
(i) Disregarded a court order.
(ii) Became incapable of discharging the duties of office.
(iii) Mismanaged the estate.
(iv) Failed to perform a duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of an ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer in state assets.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3612 - Termination of Appointment; Change of Testacy Status.

700.3612 Termination of appointment; change of testacy status.
Sec. 3612.
Except as otherwise ordered in formal proceedings, the probate of a will after the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will after the appointment of the personal representative under that will, does not terminate the personal representative's appointment, although the personal representative's powers may be reduced as provided in section 3401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 28 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3613 - Successor Personal Representative.

700.3613 Successor personal representative.
Sec. 3613.
The appointment of a personal representative to succeed a personal representative whose appointment is terminated is governed by parts 3 and 4 of this article. After appointment and qualification, a successor personal representative must be substituted in all actions and proceedings in which the former personal representative was a party. A notice, process, or claim that was given or served upon the terminated personal representative need not be given to or served upon the successor personal representative in order to preserve a position or right the person that gave the notice or filed the claim may have obtained or preserved with reference to the former personal representative. Except as the court otherwise orders, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the appointment had not been terminated.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3614 - Special Personal Representative; Appointment.

700.3614 Special personal representative; appointment.
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
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3615 - Special Personal Representative; Who May Be Appointed.

700.3615 Special personal representative; who may be appointed.
Sec. 3615.
(1) If a special personal representative is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed as the special personal representative, if available and qualified, unless the court finds the appointment is not in the best interest of the estate or the estate's beneficiaries.
(2) In any other case, the court may appoint any proper person as special personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3616 - Special Personal Representative; Appointed Informally; Powers and Duties.

700.3616 Special personal representative; appointed informally; powers and duties.
Sec. 3616.
A special personal representative appointed by the register in informal proceedings as provided in section 3614 has the duty to collect and manage the estate property, to preserve and account for the property, and to deliver the property to the general personal representative upon qualification. This special personal representative has the power of a personal representative under this act necessary to perform his or her duties.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3617 - Special Personal Representative; Formal Proceedings; Power and Duties.

700.3617 Special personal representative; formal proceedings; power and duties.
Sec. 3617.
A special personal representative appointed by order of the court in a formal proceeding has a general personal representative's power except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court directs.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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-6 - Part 6 Personal Representative and Appointment, Control, and Termination of Authority (700.3601...700.3618) › Section 700.3618 - Termination of Appointment; Special Personal Representative.

700.3618 Termination of appointment; special personal representative.
Sec. 3618.
A special personal representative's appointment terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In any other case, a special personal representative's appointment is subject to termination as provided in sections 3608 to 3612.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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.

700.3701 Powers and duties of personal representative; commencement; accrual.
Sec. 3701.
A personal representative's duties and powers commence on appointment. A personal representative's powers relate back in time to give acts by the person appointed that are beneficial to the estate occurring before appointment the same effect as those occurring after appointment. Subject to sections 3206 to 3207, before or after appointment, a person named as personal representative in a will may carry out the decedent's written instructions relating to the decedent's body, funeral, and burial arrangements. A personal representative may ratify and accept an act on behalf of the estate done by another if the act would have been proper for a personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2006, Act 299, Imd. Eff. July 20, 2006 ;-- Am. 2016, Act 57, Eff. June 27, 2016
Popular Name:
EPIC
2023 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 700.3702 - Priority Among Different Letters.

700.3702 Priority among different letters.
Sec. 3702.
A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, general letters are afterwards issued to another person, the first appointed representative may recover estate property in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3704 - Personal Representative to Proceed Without Court Order; Exception.

700.3704 Personal representative to proceed without court order; exception.
Sec. 3704.
A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court. However, the personal representative may invoke the court's jurisdiction in a proceeding authorized by this act to resolve a question concerning the estate or its administration.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3706 - Duty of Personal Representative; Inventory and Appraisement.

700.3706 Duty of personal representative; inventory and appraisement.
Sec. 3706.
(1) Within 91 days after appointment or other time specified by court rule, a personal representative, who is not a special personal representative or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of an encumbrance that may exist with reference to each listed item.
(2) The personal representative shall send a copy of the inventory to all presumptive distributees and to all other interested persons who request it, and may also file the original of the inventory with the court. The personal representative shall submit to the court on a timely basis information necessary to calculate the probate inventory fee.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3707 - Employment of Appraiser.

700.3707 Employment of appraiser.
Sec. 3707.
The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of property, the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of property included in the estate. Each appraiser's name and address shall be indicated on the inventory with the item or items he or she appraised.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3708 - Duty of Personal Representative; Supplemental Inventory.

700.3708 Duty of personal representative; supplemental inventory.
Sec. 3708.
If property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for an item is erroneous or misleading, the personal representative shall make a supplementary inventory or appraisal showing the market value as of the date of the decedent's death of the new item or the revised market value or description, and showing the appraiser or other data relied upon, if any. The personal representative shall furnish copies or information of the supplementary inventory to persons interested in the new information, and shall file it with the court if the original inventory was filed or submit the information contained in the supplemental inventory to the court for recalculation of the probate inventory fee.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3709 - Duty of Personal Representative; Possession of Estate.

700.3709 Duty of personal representative; possession of estate.
Sec. 3709.
Except as otherwise provided by a decedent's will or by this section, a personal representative has a right to, and if necessary for purposes of administration, shall take possession or control of, the decedent's property, except that real property or tangible personal property may be left with or surrendered to the person presumptively entitled to that property unless or until, in the personal representative's judgment, possession of the property will be necessary for purposes of administration. A personal representative's request for delivery of property possessed by an heir or devisee is conclusive evidence, in an action against the heir or devisee for possession of that property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of, or to determine the title to, property.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3710 - Power to Avoid Transfers.

700.3710 Power to avoid transfers.
Sec. 3710.
The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means that is in law void or voidable as against the decedent's creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of the decedent's unsecured debts, is exclusively in the personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3711 - Powers of Personal Representatives Generally.

700.3711 Powers of personal representatives generally.
Sec. 3711.
Until termination of the appointment, a personal representative has the same power over the title to estate property that an absolute owner would have, in trust, however, for the benefit of creditors or others interested in the estate. This power may be exercised without notice, hearing, or court order.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3712 - Improper Exercise of Power; Breach of Fiduciary Duty.

700.3712 Improper exercise of power; breach of fiduciary duty.
Sec. 3712.
If the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The right of purchasers and others dealing with a personal representative shall be determined as provided in sections 3713 and 3714.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3714 - Persons Dealing With Personal Representative; Protection.

700.3714 Persons dealing with personal representative; protection.
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
2023 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 700.3716 - Powers and Duties of Successor Personal Representative.

700.3716 Powers and duties of successor personal representative.
Sec. 3716.
A successor personal representative has the same powers and duties as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but the successor personal representative shall not exercise a power expressly made personal to the personal representative named in the will.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3717 - Corepresentatives; Concurrence.

700.3717 Corepresentatives; concurrence.
Sec. 3717.
If 2 or more persons are appointed personal corepresentatives and unless the will provides otherwise, the concurrence of all is required on an act connected with the estate's administration or distribution. This restriction does not apply if a personal corepresentative receives and gives a receipt for property due the estate, if the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or if a personal corepresentative has been delegated to act for the other. If actually unaware that another also has been appointed to serve or if advised by the personal representative with whom the person deals that 1 personal representative alone has authority to act for a reason mentioned in this section, a person dealing with a personal corepresentative is as fully protected as if the personal corepresentative with whom the person deals is the sole personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 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 700.3718 - Powers of Surviving Personal Representative.

700.3718 Powers of surviving personal representative.
Sec. 3718.
Unless the will provides otherwise, each power exercisable by personal corepresentatives may be exercised by the 1 or more remaining personal corepresentatives after the appointment of 1 or more is terminated. Unless the will provides otherwise, if 1 of 2 or more persons nominated as personal corepresentatives is not appointed, those or the 1 appointed may exercise all the powers incident to the office.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC