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-7 - Part 7 Duties and Powers of Personal Representatives (700.3701...700.3722) › Section 700.3719 - Compensation of Personal Representative.

700.3719 Compensation of personal representative.
Sec. 3719.
(1) A personal representative is entitled to reasonable compensation for services performed. A personal representative may pay the personal representative's own compensation periodically as earned without prior court approval.
(2) If an attorney serves as personal representative, the attorney shall maintain time records that state the identity of the person performing personal representative services, the date the services are performed, the amount of time expended in performing the services, and a brief description of the services. Upon request of an interested person affected by payment of personal representative fees, the attorney shall send the time records to the interested person.
(3) If a will provides for the personal representative's compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written contract between the decedent and the personal representative regarding compensation for estate settlement services is binding on the personal representative.
(4) A personal representative also may renounce the right to all or a part of the compensation. A written renunciation of fee may be filed with the court and shall be served on all affected interested persons.
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 700.3720 - Expenses in Estate Litigation.

700.3720 Expenses in estate litigation.
Sec. 3720.
If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees incurred.
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 700.3721 - Employment of Agents and Compensation of Personal Representatives and Employees of Estate; Proceedings for Review.

700.3721 Employment of agents and compensation of personal representatives and employees of estate; proceedings for review.
Sec. 3721.
After notice to all interested persons, on petition of an interested person, on appropriate motion if administration is supervised, or on the court's own motion, the court may review the propriety of employment of a person by a personal representative, including, but not limited to, an attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of such a person's compensation, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services. If the court determines that a person received excessive compensation from an estate for services rendered, the court shall order the person to pay an appropriate refund and may include in the refund amount interest and penalties as the court considers just.
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 700.3722 - Authority Regarding Environmental Matters.

700.3722 Authority regarding environmental matters.
Sec. 3722.
(1) In response to an environmental concern or hazard, a personal representative may do any of the following:
(a) Inspect property or the operation of a business activity on property held by the personal representative, including property held in or operated by a sole proprietorship, partnership, corporation, or limited liability company or any other type of entity, for the purpose of determining compliance with environmental law affecting the property and to respond to an actual or threatened violation of an environmental law affecting property held by the personal representative.
(b) Take action necessary to prevent, abate, or otherwise remedy an actual or threatened violation of an environmental law affecting property held by the personal representative, either before or after a governmental body initiates an enforcement action.
(c) Settle or compromise at any time a claim against the estate that a governmental body or private party may assert involving the alleged violation of an environmental law affecting property held in the trust or estate.
(d) Disclaim a power granted by a document, statute, or rule of law that, in the sole discretion of the personal representative, may cause the personal representative to incur personal liability under an environmental law.
(e) Decline to serve or resign as a personal representative if the personal representative reasonably believes that there is or may be a conflict of interest between it in its fiduciary capacity and in its individual capacity because of a potential claim or liability that may be asserted against the personal representative on the estate's behalf because of the type or condition of property held in the estate.
(f) Charge the cost of an inspection, review, abatement, response, cleanup, settlement of claim, or remedial action authorized by this section against the income or principal of the estate.
(2) A personal representative is not personally liable to a beneficiary or other party for a decrease in value of estate property by reason of the personal representative's compliance with an environmental law, specifically including a reporting requirement under that law. The personal representative's acceptance of property or failure to inspect property or a business operation does not create an inference that there is or may be liability under an environmental law with respect to the property or business operation. The authority granted by this section is solely to facilitate the administration and protection of estate property and is not to impose greater responsibility or liability on the personal representative than imposed by law absent this section.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3801 - Notice of Creditors.

700.3801 Notice of creditors.
Sec. 3801.
(1) Unless notice has already been given, upon appointment a personal representative shall publish, and a special personal representative may publish, a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice's publication or be forever barred. A personal representative who has published notice shall also send, within the time prescribed in subsection (2), a copy of the notice or a similar notice to each estate creditor whom the personal representative knows at the time of publication or during the 4 months following publication and to the trustee of a trust described in section 7605(1) as to which the decedent is settlor. For purposes of this section, the personal representative knows a creditor of the decedent if the personal representative has actual notice of the creditor or the creditor's existence is reasonably ascertainable by the personal representative based on an investigation of the decedent's available records for the 2 years immediately preceding death and mail following death.
(2) Notice to a known creditor of the estate shall be given within the following time limits:
(a) Within 4 months after the date of the publication of notice to creditors.
(b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.
(3) If the personal representative or the attorney for the estate in good faith believes that notice to a creditor of the estate is or may be required by this section, and if the personal representative gives notice based on that belief, neither the personal representative nor the attorney is liable to any person for having given notice.
(4) If the personal representative or the attorney for the estate in good faith believes that notice to a person is not required by this section and if the personal representative fails to give notice to that person based on that belief, neither the personal representative nor the attorney is personally liable to any person for the failure to give notice. Liability, if any, for failure to give notice is on the estate.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3802 - Statute of Limitations.

700.3802 Statute of limitations.
Sec. 3802.
(1) Unless an estate is insolvent, the personal representative, with the consent of all interested persons whose interests would be affected, may waive a statute of limitations defense available to the estate. If a statute of limitations defense is not waived, a claim that was barred by a statute of limitations at the time of the decedent's death shall not be allowed or paid.
(2) The running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent's death but resumes after that time as to a claim not barred under this part.
(3) For purposes of a statute of limitations, the proper presentation of a claim under section 3804 is equivalent to commencement of a proceeding on the claim.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3803 - Limitations on Time for Presentation of Claims.

700.3803 Limitations on time for presentation of claims.
Sec. 3803.
(1) A claim against a decedent's estate that arose before the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, if not barred earlier by another statute of limitations or nonclaim statute, is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits:
(a) If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state.
(b) For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.
(c) If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.
(2) A claim against a decedent's estate that arises at or after the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, is barred against the estate, the personal representative, and the decedent's heirs and devisees, unless presented within 1 of the following time limits:
(a) For a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due.
(b) For a claim to which subdivision (a) does not apply, within 4 months after the claim arises or the time specified in subsection (1)(a), whichever is later.
(3) This section does not affect or prevent any of the following:
(a) A proceeding to enforce a mortgage, pledge, or other lien on estate property.
(b) A proceeding to establish the decedent's or the personal representative's liability for which the decedent or the personal representative is protected by liability insurance to the insurance protection limits only.
(c) Collection of compensation for services rendered and reimbursement of expenses advanced by the personal representative or by an attorney, auditor, investment adviser, or other specialized agent or assistant for the personal representative of the estate.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3805 - Priority of Claim Payments; Insufficient Assets.

700.3805 Priority of claim payments; insufficient assets.
Sec. 3805.
(1) If the applicable estate property is insufficient to pay all claims and allowances in full, the personal representative shall make payment in the following order of priority:
(a) Costs and expenses of administration.
(b) Reasonable funeral and burial expenses.
(c) Homestead allowance.
(d) Family allowance.
(e) Exempt property.
(f) Debts and taxes with priority under federal law, including, but not limited to, medical assistance payments that are subject to adjustment or recovery from an estate under section 1917 of the social security act, 42 USC 1396p.
(g) Reasonable and necessary medical and hospital expenses of the decedent's last illness, including a compensation of persons attending the decedent.
(h) Debts and taxes with priority under other laws of this state.
(i) All other claims.
(2) A preference shall not be given in the payment of a claim over another claim of the same class, and a claim due and payable is not entitled to a preference over a claim not due.
(3) If there are insufficient assets to pay all claims in full or to satisfy homestead allowance, family allowance, and exempt property, the personal representative shall certify the amount and nature of the deficiency to the trustee of a trust described in section 7605(1) for payment by the trustee in accordance with section 7606. If the personal representative is aware of other nonprobate transfers that may be liable for claims and allowances, then, unless the will provides otherwise, the personal representative shall proceed to collect the deficiency in a manner reasonable under the circumstances so that each nonprobate transfer, including those made under a trust described in section 7605(1), bears a proportionate share or equitable share of the total burden.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2007, Act 73, Imd. Eff. Sept. 30, 2007 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3807 - Payment of Claims.

700.3807 Payment of claims.
Sec. 3807.
(1) Upon the expiration of 4 months after the publication date of the notice to creditors, and after providing for administration costs and expenses, for reasonable funeral and burial expenses, for the homestead, family, and exempt property allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration, the personal representative shall pay the claims allowed against the estate in the order of priority as provided in this act. A claimant whose claim has been allowed, but not paid as provided in this section, may petition the court to secure an order directing the personal representative to pay the claim to the extent that property of the estate is available for the payment.
(2) The personal representative may pay a claim that is not barred at any time, with or without formal presentation, but is individually liable to another claimant whose claim is allowed and who is injured by the payment if either of the following occurs:
(a) Payment is made before the expiration of the time limit stated in subsection (1) and the personal representative fails to require the payee to give adequate security for the refund of any of the payment necessary to pay another claimant.
(b) Payment is made, due to the negligence or willful fault of the personal representative, in a manner that deprives the injured claimant of priority.
(3) If a claim is allowed, but the claimant's whereabouts are unknown at the time the personal representative attempts to pay the claim, upon petition by the personal representative and after notice that the court considers advisable, the court may disallow the claim. If the court disallows a claim under this subsection, the claim is barred.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2016, Act 490, Eff. Apr. 6, 2017
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3808 - Individual Liability of Personal Representative.

700.3808 Individual liability of personal representative.
Sec. 3808.
(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal his or her representative capacity and to identify the estate in the contract.
(2) A personal representative is individually liable for an obligation arising from ownership or control of the estate or for a tort committed in the course of estate administration only if the personal representative is personally at fault.
(3) A claim based on a contract entered into by a personal representative in the personal representative's fiduciary capacity, on an obligation arising from ownership or control of the estate, or on a tort committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable.
(4) An issue of liability between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or in another appropriate 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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3809 - Secured Claims.

700.3809 Secured claims.
Sec. 3809.
A personal representative shall pay a secured claim on the basis of the amount allowed if the creditor surrenders the security. Otherwise, the personal representative shall pay on the basis of 1 of the following:
(a) If the creditor exhausts the security before receiving payment, upon the amount of the claim allowed less the fair value of the security.
(b) If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement under which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3810 - Claims Not Due and Contingent or Unliquidated Claims.

700.3810 Claims not due and contingent or unliquidated claims.
Sec. 3810.
(1) This section applies to a claim that will become due at a future time, a contingent claim, and an unliquidated claim.
(2) If a claim becomes due or certain before distribution of the estate and if the claim has been allowed or established by a proceeding, the claim shall be paid in the same manner as a presently due and absolute claim of the same class.
(3) For a claim not covered by subsection (2), the personal representative or, on the personal representative's or claimant's petition in a proceeding for the purpose, the court may provide for payment in 1 of the following manners:
(a) If the claimant consents, the claimant may be paid the claim's present or agreed value, taking any uncertainty into account.
(b) Arrangement for future payment, or possible payment, on the happening of a contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3811 - Counterclaims.

700.3811 Counterclaims.
Sec. 3811.
In allowing a claim, the personal representative may deduct a counterclaim that the estate has against the claimant. In determining a claim against an estate, the court shall reduce the amount allowed by the amount of a counterclaim and, if counterclaims exceed the claim, render a judgment against the claimant in the excess amount. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3812 - Limitation on Execution or Levy Against Property of Estate.

700.3812 Limitation on execution or levy against property of estate.
Sec. 3812.
An execution shall not issue upon nor shall a levy be made against estate property under a judgment against a decedent or personal representative. This section shall not be construed to prevent the enforcement of a mortgage, pledge, or lien upon property in an appropriate 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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3813 - Settlement of Claims.

700.3813 Settlement of claims.
Sec. 3813.
If a claim against the estate is presented in the manner provided in section 3804 and it appears to be in the estate's best interest, the personal representative may settle the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3814 - Encumbered Assets.

700.3814 Encumbered assets.
Sec. 3814.
If property of the estate is encumbered by mortgage, pledge, lien, or other security interest and it appears to be in the estate's best interest, the personal representative may pay the encumbrance or a part of the encumbrance, renew or extend an obligation secured by the encumbrance, or convey or transfer the property to the creditor in satisfaction of the lien, in whole or in part, whether or not the encumbrance holder has presented a claim. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered property unless the distributee is entitled to exoneration.
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-8 - Part 8 Creditors' Claims (700.3801...700.3815) › Section 700.3815 - Effect of Administration in More Than One State.

700.3815 Effect of administration in more than one state.
Sec. 3815.
(1) Estate property being administered in this state is subject to a claim, allowance, or charge existing or established against the personal representative wherever appointed.
(2) If the estate, either in this state or as a whole, is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges, and claims, after satisfaction of the exemptions, allowances, and charges, each claimant whose claim has been allowed, either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of the claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the benefited creditor shall receive dividends from property located in this state only upon the balance of the claim after deducting the amount of the benefit.
(3) If the family exemptions, allowances, prior charges, and claims of the entire estate exceed the total value of the portions of the estate being administered in separate states and if this state is not the state of the decedent's last domicile, a claim allowed in this state shall be paid from property located in this state if that property is adequate for the purpose, and after that payment, the balance of that property shall be transferred to the domiciliary personal representative. If local property located in this state is not sufficient to pay all claims allowed in this state, that property shall be marshaled so that each claim allowed in this state shall be paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from property in other jurisdictions.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3901 - Successors' Rights in Absence of Administration.

700.3901 Successors' rights in absence of administration.
Sec. 3901.
In the absence of administration, the decedent's heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. A devisee may establish title by the probated will to devised property. An individual entitled to property by homestead allowance, exemption, or intestacy may establish title to the property by proof of the decedent's ownership, the decedent's death, and the individual's relationship to the decedent. A successor takes subject to charges for administration, including the creditors' claims and the surviving spouse's and dependent children's allowances, and subject to the rights of others resulting from abatement, retainer, advancement, or ademption.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3902 - Distribution; Order in Which Assets Appropriated; Abatement.

700.3902 Distribution; order in which assets appropriated; abatement.
Sec. 3902.
(1) Subject to subsections (2) and (3) and except as provided in section 2301(3) or 2302(1)(b)(iv), distributees' shares abate, without a preference or priority between real and personal property, in the following order:
(a) Property not disposed of by the will.
(b) Residuary devises.
(c) General devises.
(d) Specific devises.
(2) For purposes of abatement, a general devise charged on specific property is a specific devise to the extent of the value of that specific property and, upon the failure or insufficiency of the property on which the devise is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amount of property each beneficiary would have received if full distribution of the property had been made in accordance with the terms of the will.
(3) If the will expresses a different order of abatement, the will controls. If the testamentary plan or the devise's express or implied purpose would be defeated by the order of abatement stated in subsection (1), the distributees' shares abate as found necessary to give effect to the testator's intention.
(4) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3903 - Indebtedness; Set-Off.

700.3903 Indebtedness; set-off.
Sec. 3903.
The amount of a successor's noncontingent indebtedness to the estate if due, or its present value if not due, shall be offset against the successor's interest. However, the successor has the benefit of a defense that would be available to the successor in a direct proceeding for recovery of the debt.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3904 - Interest on General Pecuniary Devise.

700.3904 Interest on general pecuniary devise.
Sec. 3904.
Unless a contrary intent is indicated by the will, a general pecuniary devise bears interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3905 - Penalty Clause for Contest.

700.3905 Penalty clause for contest.
Sec. 3905.
In accordance with section 2518, a provision in a will purporting to penalize an interested person for contesting the will or instituting another proceeding relating to the estate shall not be given effect if probable cause exists for instituting a proceeding contesting the will or another proceeding relating to the estate.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3906 - Distribution in Kind; Valuation; Method.

700.3906 Distribution in kind; valuation; method.
Sec. 3906.
(1) Unless the will indicates a contrary intention, the distributable property of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:
(a) A specific devisee is entitled to distribution of the property devised to him or her, and a spouse or child who selects particular estate property as provided in section 2404 shall receive the property selected.
(b) A homestead or family allowance, or devise of a stated sum of money, may be satisfied in kind provided all of the following are true:
(i) The person entitled to the payment does not demand payment in cash.
(ii) The property distributed in kind is valued at fair market value as of its distribution date.
(iii) A residuary devisee does not request that the property in question remain a part of the estate residue.
(c) The residuary estate may be distributed in any equitable manner.
(2) Property described in subsection (1)(b) shall be valued in accordance with the following:
(a) A security regularly traded on recognized exchanges, if distributed in kind, is valued at the price for the last sale of like securities traded on the business day before distribution or, if there was no sale on that day, at the median between amounts bid and offered at the close of that day.
(b) Property consisting of money owed the decedent or the estate by a solvent debtor as to which there is no known dispute or defense is valued at the amount due with accrued interest or discounted to the distribution date.
(c) Property that does not have a readily ascertainable value is valued as of a date not more than 28 days before the distribution date, if otherwise reasonable.
(d) For purposes of facilitating distribution, the personal representative may ascertain property value as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the property may have been previously 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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3907 - Pecuniary Bequests and Trust Interests.

700.3907 Pecuniary bequests and trust interests.
Sec. 3907.
(1) This section governs a distribution in kind in satisfaction, wholly or partly, of a pecuniary bequest or transfer in trust of a pecuniary amount.
(2) Whether a devise or transfer in trust is pecuniary in character depends upon the testator's or settlor's intention.
(3) If the fiduciary elects to satisfy wholly or partly in kind a pecuniary devise or transfer in trust of a pecuniary amount, unless the governing instrument otherwise expressly provides, the property the fiduciary selects for that purpose shall be valued at its value on the distribution date.
(4) If a will or a trust agreement requires the personal representative or trustee to value the property the fiduciary selects for distribution as of a date other than the distribution date, unless the governing instrument otherwise expressly provides, the property selected to satisfy the pecuniary devise or transfer in trust, together with any cash distributed, shall have an aggregate value on the distribution date amounting to not less than, and to the extent practicable to not more than, the amount of the devise or transfer in trust as stated in, or determined by, the formula stated in the governing instrument.
(5) As used in this section, "pecuniary bequest" and "transfer in trust of a pecuniary amount" mean a devise in a will or a transfer under a trust agreement to, or for the benefit of, the testator's or settlor's spouse of a specific amount of money which amount is either expressly stated in the instrument or determinable by means of a formula that is stated in the instrument.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3908 - Proposed Distribution.

700.3908 Proposed distribution.
Sec. 3908.
After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of a distributee to object to the proposed distribution on the basis of the kind or value of property the distributee is to receive, if not waived earlier in writing, terminates if the distributee fails to object in a writing received by the personal representative within 28 days after mailing or delivery of the proposal.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3909 - Distribution in Kind; Evidence.

700.3909 Distribution in kind; evidence.
Sec. 3909.
If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the property to the distributee as evidence of the distributee's title 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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3910 - Distribution; Right or Title of Distributee.

700.3910 Distribution; right or title of distributee.
Sec. 3910.
Proof that a distributee has received an instrument or deed of distribution of property in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed property, as against all persons interested in the estate, except that the personal representative may recover the property or its value if the distribution was improper.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3911 - Improper Distribution; Liability of Distributee.

700.3911 Improper distribution; liability of distributee.
Sec. 3911.
Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property that is improperly distributed or paid, or a claimant that is improperly paid, is liable to return the property improperly received and its income since distribution if the recipient has the property. If the recipient does not have the property, then the recipient is liable to return the value as of the disposition date of the property improperly received and its income and gain received by the recipient.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3912 - Purchasers From Distributees Protected.

700.3912 Purchasers from distributees protected.
Sec. 3912.
(1) If property distributed in kind or a security interest in that property is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such a distributee, the purchaser or lender takes title free of rights of an interested person in the estate and incurs no personal liability to the estate, or to an interested person, whether or not the distribution was proper or supported by court order or the personal representative's authority was terminated before execution of the instrument or deed.
(2) This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself or herself, as well as a purchaser from or lender to another distributee or his or her transferee. To be protected under this section, a purchaser or lender does not need to inquire whether a personal representative acted properly making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.
(3) A recorded instrument described in this section on which an exemption listed in section 5 of 1966 PA 135, MCL 207.505, or section 6 of the state real estate transfer tax act, 1993 PA 330, MCL 207.526, is not noted is prima facie evidence that the transfer is made for value. Notwithstanding this section, a purchaser or lender takes title free of the lien for Michigan estate tax only to the extent provided by section 43 of the Michigan estate tax act, 1899 PA 188, MCL 205.243.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3913 - Partition for Purpose of Distribution.

700.3913 Partition for purpose of distribution.
Sec. 3913.
If 2 or more heirs or devisees are entitled to distribution of an undivided interest in estate property, the personal representative or 1 or more of the heirs or devisees may petition the court to make partition before the formal or informal closing of the estate. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by law for a civil action of partition. The court may direct the personal representative to sell property that cannot be partitioned without prejudice to the owners and that cannot conveniently be allotted to 1 party.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3914 - Agreements Among Successors to Decedent Binding on Personal Representative.

700.3914 Agreements among successors to decedent binding on personal representative.
Sec. 3914.
(1) Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written agreement executed by all who are affected by its provisions. If there is, or may be, an interested person to the agreement who is a minor or incapacitated individual or if there is an inalienable estate or future contingent interest, after notice to the representative of the individual or interest as provided by supreme court rule, the court having jurisdiction of the matter may, if the agreement is made in good faith and appears just and reasonable for the individual or interest, direct the representative of the individual or interest to sign and enter into the agreement. The personal representative shall abide by the agreement's terms subject to the personal representative's obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the fiduciary office's responsibilities for the benefit of a successor of the decedent who is not a party.
(2) A personal representative of a decedent's estate is not required to see to the performance of a trust if the trustee of the trust is another person who is willing to accept the trust. Accordingly, a trustee of a trust created by will is a successor for the purposes of this section. Nothing in this section relieves a trustee of a duty owed to a trust beneficiary.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
Popular Name:
EPIC