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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3202 - Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another State.

700.3202 Appointment or testacy proceedings; conflicting claim of domicile in another state.
Sec. 3202.
If conflicting claims as to the decedent's domicile are made in a formal testacy or appointment proceeding commenced in this state and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state shall stay, dismiss, or permit suitable amendment in the proceeding in this state unless it is determined that this state's proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced is determinative in this state's 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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3204 - Representation by Conservator or Guardian; Appointment Without Priority; Applicability of Section and MCL 700.3203 to a General or Successor Personal Representative.

700.3204 Representation by conservator or guardian; appointment without priority; applicability of section and MCL 700.3203 to a general or successor personal representative.
Sec. 3204.
(1) A conservator of a protected individual's estate or, if there is no conservator, a guardian of a minor or legally incapacitated individual may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the devisees and heirs that the protected individual or ward would have if qualified for appointment.
(2) Except as provided in sections 3308(1)(f) and 3310, a person who does not have priority prescribed in section 3203(1)(a) to (f), including priority resulting from renunciation or nomination determined under this section or section 3203, shall be appointed only in a formal proceeding. The state or county public administrator must be appointed only in a formal proceeding. Before appointing the state or county public administrator or any other person without priority, the court shall determine that persons having priority have been notified of the proceedings and have failed to request appointment or to nominate another person for appointment, and that administration is necessary.
(3) A person is not qualified to serve as a personal representative if the person is either under the age of 18 or is a person whom the court finds unsuitable in formal proceedings.
(4) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except if the decedent's will nominates different persons to be personal representatives in this state and in the state of domicile. The domiciliary personal representative may nominate another person, who then has the same priority as the domiciliary personal representative.
(5) This section and section 3203 govern priority for appointment of a general personal representative or successor personal representative, but do not apply to the selection of a special personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2018, Act 13, Eff. May 7, 2018 ;-- Am. 2020, Act 59, Imd. Eff. Mar. 10, 2020
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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3205 - Demand for Notice of Order or Filing Concerning Decedent's Estate.

700.3205 Demand for notice of order or filing concerning decedent's estate.
Sec. 3205.
A person who wants notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the decedent's death stating the decedent's name, the nature of the person's interest in the estate, and the address of the person or the person's attorney. If a proceeding is not pending at the time a demand is filed under this section, the person filing the demand must pay the fee required to commence a proceeding. The person filing a demand shall mail a copy of the demand to the decedent's attorney, if known, to the personal representative if one has been appointed, and to the personal representative's attorney. After filing the demand, the person is an interested person entitled to notice as provided in section 1401 and the other provisions of this act.
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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3206a - Designation of Successor Individual as Funeral Representative.

700.3206a Designation of successor individual as funeral representative.
Sec. 3206a.
(1) A declarant may designate in the funeral representative designation a successor individual as a funeral representative who may exercise the rights and powers described in section 3206(1) if the first individual named as funeral representative does not accept, is incapacitated, resigns, or is removed.
(2) An individual designated a funeral representative accepts the designation as funeral representative by signing an acceptance of funeral representative, or by acting as the funeral representative.
(3) The authority under a funeral representative designation is exercisable by a funeral representative only after the death of the declarant.
(4) Except as provided in the funeral representative designation, a funeral representative shall not delegate his or her powers to another individual.
(5) On request of the funeral establishment, the funeral representative shall provide a copy of the funeral representative designation to the funeral establishment.
History:
Add. 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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3206b - Revocation of Funeral Representative Designation.

700.3206b Revocation of funeral representative designation.
Sec. 3206b.
A funeral representative designation is revoked by 1 or more of the following:
(a) Unless a successor funeral representative has been designated, any of the following:
(i) The funeral representative's resignation.
(ii) The funeral representative cannot be located after reasonable efforts by the decedent's family or funeral establishment.
(iii) The funeral representative refuses to act within 48 hours after receiving notice of the decedent's death.
(b) The declarant's revocation of the funeral representative designation. The declarant's revocation of the funeral representative designation must be in writing and signed in the manner as provided in section 3206(2).
(c) A subsequent funeral representative designation that revokes the prior funeral representative designation either expressly or by inconsistency.
History:
Add. 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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3208 - Repealed. 2016, Act 57, Eff. June 27, 2016.

700.3208 Repealed. 2016, Act 57, Eff. June 27, 2016.
Compiler's Notes:
The repealed section pertained to filing action to challenge presumption.
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-2 - Part 2 Venue for Probate and Administration, Priority to Administer, and Demand for Notice (700.3201...700.3209) › Section 700.3209 - Funeral Establishment Not Civilly Liable; Reliance on Funeral Representative Designation.

700.3209 Funeral establishment not civilly liable; reliance on funeral representative designation.
Sec. 3209.
(1) A funeral establishment is not required to file a petition under section 3207 and is not civilly liable for not filing a petition under section 3207.
(2) A funeral establishment, cemetery, or crematory may rely on the designation of a funeral representative under section 3206(2), the designation of a person as described in section 3206(3)(a), the order of priority determined under section 3206(3) and (4), or a court order under section 3207 that determines who may exercise the rights and powers under section 3206(1). A funeral establishment, cemetery, or crematory is not a guarantor that a person exercising the rights and powers under section 3206(1) has the legal authority to exercise those rights and powers. A cemetery or crematory may rely on a funeral establishment's representation as to who may exercise the rights and powers under section 3206(1). A funeral establishment, cemetery, or crematory does not have the responsibility to contact or independently investigate the existence of relatives of the deceased, but may rely on information provided by family members of the deceased or by a person other than a family member that the funeral establishment, cemetery, or crematory reasonably believes knows the existence or location of the relatives of the deceased or the funeral representative. As used in this subsection, "information" includes, but is not limited to, an affirmation that reasonable efforts to contact the individual or individuals with the rights and powers under section 3601(1) and to inform the individual or individuals of the death have been made without success.
(3) A funeral establishment, holder of a license to practice mortuary science issued by this state, cemetery, or crematory, or an officer or employee of a funeral establishment, holder of a license to practice mortuary science issued by this state, cemetery, or crematory may rely on sections 3206 and 3207 and this section and the instructions of a person described in section 3206(2) to (9) or a person that the court determines under section 3207 has rights and powers under section 3206(1) regarding funeral arrangements and the handling, disposition, or disinterment of a body and is not civilly liable to any person for the reliance if the reliance was in good faith.
History:
Add. 2006, Act 299, Imd. Eff. July 20, 2006 ;-- Am. 2012, Act 63, Imd. Eff. Mar. 22, 2012 ;-- 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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3302 - Informal Probate; Duty of Register; Effect of Informal Probate.

700.3302 Informal probate; duty of register; effect of informal probate.
Sec. 3302.
Upon receipt of an application requesting informal probate of a will and after making the findings required by section 3303, the register shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. A defect in an application or procedure relating to the application that leads to informal probate of a will does not render the probate void.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3303 - Informal Probate; Proof and Findings Required.

700.3303 Informal probate; proof and findings required.
Sec. 3303.
(1) In an informal proceeding for original probate of a will, the register shall determine whether all of the following are true:
(a) The application is complete.
(b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief.
(c) The applicant appears from the application to be an interested person.
(d) On the basis of the statements in the application, venue is proper.
(e) An original, properly executed, and apparently unrevoked will is in the register's possession.
(f) That the application is not within section 3304.
(2) The register shall deny the application if the application indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection (4), if it appears that this or another will of the decedent has been the subject of a previous probate order.
(3) A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under section 2502 or 2506 have been met shall be probated without further proof. In other cases, the register may assume execution if the will appears to have been properly executed, or the register may accept a sworn statement of a person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
(4) Informal probate of a will that was previously probated elsewhere may be granted at any time upon written application by an interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where the will was first probated.
(5) A will from a place that does not provide for probate of a will after death and that is not eligible for probate under subsection (1) may be probated in this state upon receipt by the register of a properly authenticated copy of the will and a properly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3304 - Informal Probate; Unavailable in Certain Cases.

700.3304 Informal probate; unavailable in certain cases.
Sec. 3304.
The register shall deny an application for informal probate if the probate relates to 1 or more of a known series of testamentary instruments, not including a will and 1 or more codicils to that will, the latest of which instruments does not expressly revoke the earlier.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3305 - Informal Probate; Register Not Satisfied.

700.3305 Informal probate; register not satisfied.
Sec. 3305.
If the register is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of section 3303 or 3304 or for another reason, the register may deny the application. A register's denial of informal probate is not an adjudication and does not preclude formal probate proceedings. If the application is denied, the register shall clearly state the reason for denial.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3306 - Informal Probate; Notice Requirements.

700.3306 Informal probate; notice requirements.
Sec. 3306.
(1) Within 28 days after an informal probate is granted, the applicant shall give written information of the probate to the heirs, devisees, a person who demands it under section 3205, and other interested persons. The applicant also shall give information of the probate to the attorney general, public administration division, if the devisees under the will would not be entitled to share in the estate but for the terms of the will and the decedent died without leaving any known heirs.
(2) The information required by subsection (1) must include the applicant's name and address, the name and location of the court granting the informal probate, and the date of the probate. The information must be delivered or sent by ordinary mail to each person entitled to notice whose address is reasonably available to the applicant. There is no duty to give information as required by this section if a personal representative is appointed who is required to give the written information required by section 3705. An applicant's failure to give information as required by this section is a breach of the applicant's duty to a person entitled to notice, but does not affect the validity of the probate.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3307 - Informal Appointment Proceedings; Delay in Order; Duty of Register; Effect of Appointment.

700.3307 Informal appointment proceedings; delay in order; duty of register; effect of appointment.
Sec. 3307.
(1) Upon receipt of an application for informal appointment of a personal representative, other than a special personal representative as provided in section 3614, and after making the determinations required by section 3308, the register shall appoint the person whose appointment is sought subject to qualification and acceptance. If the decedent was a nonresident, the register shall delay the order of appointment until 28 days after the death unless the personal representative appointed at the decedent's domicile is the applicant or unless the decedent's will directs that the estate be subject to the laws of this state.
(2) The personal representative's status and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created by the appointment, is subject to termination as provided in sections 3608 to 3612, but is not subject to retroactive vacation.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3308 - Informal Appointment Proceedings; Proof and Required Findings.

700.3308 Informal appointment proceedings; proof and required findings.
Sec. 3308.
(1) In informal appointment proceedings, the register shall determine whether all of the following are true:
(a) The application for the personal representative's informal appointment is complete.
(b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief.
(c) The applicant appears from the application to be an interested person.
(d) On the basis of the statements in the application, venue is proper.
(e) A will to which the requested appointment relates has been formally or informally probated. This subdivision does not apply to the appointment of a special personal representative.
(f) From the statements in the application, the person whose appointment is sought has priority to the appointment or the requirements of section 3310 have been satisfied.
(2) Unless section 3612 controls, the register shall deny the application if it indicates any of the following:
(a) That a personal representative who has not filed a written statement of resignation as provided in section 3610 has been appointed in this or another county of this state.
(b) That, unless the applicant is the domiciliary personal representative or his or her nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile.
(c) That the other requirements of this section are not met.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3309 - Informal Appointment Proceedings; Register Not Satisfied.

700.3309 Informal appointment proceedings; register not satisfied.
Sec. 3309.
If the register is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of section 3307 or 3308, or for another reason, the register may deny the application. A register's denial of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. If the application is denied, the register shall clearly state the reason for denial.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3310 - Informal Appointment Proceedings; Notice Requirements.

700.3310 Informal appointment proceedings; notice requirements.
Sec. 3310.
The applicant shall give notice as described by section 1401 of the applicant's intention to seek an appointment informally to each person having a prior or equal right to an appointment not waived in writing and filed with the court.
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-3 - Part 3 Informal Probate and Appointment Proceedings (700.3301...700.3311) › Section 700.3311 - Informal Appointment Unavailable in Certain Cases.

700.3311 Informal appointment unavailable in certain cases.
Sec. 3311.
If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument that may relate to property subject to the laws of this state and that is not filed for probate in this court, the register shall deny the application.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3401 - Formal Testacy Proceedings; Nature; Commencement.

700.3401 Formal testacy proceedings; nature; commencement.
Sec. 3401.
(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. An interested person or a person that has a right or cause of action that cannot be enforced without administration may commence a formal testacy proceeding by filing 1 of the following:
(a) A petition described in section 3402(1) in which the petitioner requests that after notice and hearing, the court enter an order probating a will.
(b) A petition to set aside a will's informal probate or to prevent a will's informal probate that is the subject of a pending application.
(c) A petition in accordance with section 3402(2) for an order that the decedent died intestate.
(2) A petitioner may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(3) During the pendency of a formal testacy proceeding, the register shall not act upon an application for informal probate of a will of the decedent or an application for informal appointment of a personal representative of the decedent.
(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, after receipt of notice of the commencement of a formal probate proceeding, a previously appointed personal representative shall refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding may also request an order restraining the acting personal representative from exercising that office's powers and may request the appointment of a special personal representative. In the absence of a request under this subsection or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3402 - Formal Testacy or Appointment; Proceedings; Petition; Contents.

700.3402 Formal testacy or appointment; proceedings; petition; contents.
Sec. 3402.
(1) A petition for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative must be directed to the court, must request a judicial order after notice and hearing, and must contain the statements required by this section. A petition for formal probate of a will must include all of the following:
(a) A request for an order as to the testacy of the decedent in relation to a particular instrument that may or may not have been informally probated and a request for an order determining the decedent's heirs.
(b) The statements required for an informal application prescribed by section 3301(1)(a) and (b)(ii) and (iii).
(c) A statement as to whether the original of the decedent's last will is in the court's possession or accompanies the petition. If the original will is not in the court's possession or neither the original will nor an authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition must also state the will's contents and shall indicate that the will is lost, destroyed, or otherwise unavailable.
(2) A petition for adjudication of intestacy and appointment of a personal representative in intestacy must include all of the following:
(a) A request for a judicial finding and order that the decedent left no will and determining the heirs.
(b) The statements required by section 3301(1)(a) and (d).
(c) A statement indicating whether supervised administration is sought. A petition under this subsection may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by section 3301(1)(d)(ii) may be omitted.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3403 - Formal Testacy Proceedings; Notice of Hearing on Petition.

700.3403 Formal testacy proceedings; notice of hearing on petition.
Sec. 3403.
(1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. The petitioner shall give notice in the manner prescribed by section 1401 to each of the following persons:
(a) The decedent's heirs.
(b) The devisees and personal representatives named in a will that is being, or has been, probated or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere.
(c) A personal representative of the decedent whose appointment has not been terminated.
(d) A person who has filed a demand for notice under section 3205.
(e) The trustee of a trust described in section 7605(1) as to which the decedent was settlor.
(2) Notice may be given to other persons. In addition, the petitioner shall give notice by publication to each unknown person and to each known person whose address is unknown who has an interest in the matters being litigated. If the proceeding involves a request for appointment of a personal representative and it appears that the deceased died intestate without leaving a known heir, the petitioner shall give notice to the attorney general, public administration division.
(3) If it appears by the petition or otherwise that the fact of the decedent's death may be in doubt, or on the written demand of an interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at his or her last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including by any of the following methods:
(a) Inserting in 1 or more suitable periodicals a notice requesting information from anyone having knowledge of the alleged decedent's whereabouts.
(b) Notifying law enforcement officials and public welfare agencies in appropriate locations of the alleged decedent's disappearance.
(c) Engaging an investigator's services.
(4) The costs of a search conducted under subsection (3) shall be paid by the petitioner if there is no administration or by the decedent's estate if there is administration.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3404 - Formal Testacy Proceedings; Written Objections to Probate.

700.3404 Formal testacy proceedings; written objections to probate.
Sec. 3404.
A party to a formal proceeding who opposes the probate of a will for any reason shall state in his or her pleadings the party's objections to probate of 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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3405 - Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof.

700.3405 Formal testacy proceedings; uncontested cases; hearings and proof.
Sec. 3405.
(1) If a petition in a testacy proceeding is unopposed, the court may either order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 3409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought.
(2) If evidence concerning execution of the will is necessary, the sworn statement or testimony of 1 of the attesting witnesses to the instrument is sufficient. If the sworn statement or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or sworn statement. If, after diligent search and effort and after the signature of the testator is identified, it appears that the whereabouts of the witnesses to a will cannot be ascertained and it appears on the face of the will that the requirements in this section for a valid will have been met, a presumption arises that the will was executed in all particulars as required by law.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3406 - Formal Testacy Proceedings; Contested Cases; Testimony of Attesting Witnesses.

700.3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses.
Sec. 3406.
(1) If evidence concerning execution of an attested will that is not self-proved is necessary in a contested case, the testimony of at least 1 of the attesting witnesses, if within the state and if competent and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
(2) If a will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and sworn statements annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or a sworn statement.
(3) If a witness is competent at the time he or she signs the will, the witness's subsequent incompetency from whatever cause does not prevent admission of the will to probate, if it is otherwise satisfactorily proved.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3407 - Formal Testacy Proceedings; Burdens in Contested Cases.

700.3407 Formal testacy proceedings; burdens in contested cases.
Sec. 3407.
(1) All of the following apply in a contested case:
(a) A petitioner who seeks to establish intestacy has the burden of establishing prima facie proof of death, venue, and heirship.
(b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of death and venue.
(c) A contestant of a will has the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.
(d) A party has the ultimate burden of persuasion as to a matter with respect to which the party has the initial burden of proof.
(2) If a will is opposed by a petition for probate of a later will revoking the former, the court shall first determine whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, the court shall first determine whether the will is entitled to probate.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3408 - Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another Jurisdiction.

700.3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
Sec. 3408.
This state's court shall accept as determinative a final order of a court of another state determining testacy, or the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons if the order includes, or is based upon, a finding that the decedent was domiciled at death in the state where the order was made.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3409 - Formal Testacy Proceedings; Order; Foreign Will.

700.3409 Formal testacy proceedings; order; foreign will.
Sec. 3409.
(1) After the time expires for any required notice, upon proof of notice and after a hearing, if necessary, if the court finds that the testator is dead and that venue is proper, the court shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state of testacy. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead.
(2) A will found to be valid and unrevoked shall be formally probated. Termination of a previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by section 3612. A will from a place that does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will is effective under the law of the other place.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3410 - Formal Testacy Proceedings; Probate of More Than One Instrument.

700.3410 Formal testacy proceedings; probate of more than one instrument.
Sec. 3410.
If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than 1 instrument may be probated if neither expressly revokes the other and neither contains provisions that work a total revocation by implication. If more than 1 instrument is probated, the order shall indicate which provisions control in respect to the nomination of the personal representative, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by another instrument. After a final order in a testacy proceeding has been entered, a petition for probate of another instrument of the decedent shall not be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of section 3412.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3411 - Formal Testacy Proceedings; Partial Intestacy.

700.3411 Formal testacy proceedings; partial intestacy.
Sec. 3411.
If it becomes evident in the course of a formal testacy proceeding that, though 1 or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3413 - Formal Testacy Proceedings; Vacation of Order for Other Cause.

700.3413 Formal testacy proceedings; vacation of order for other cause.
Sec. 3413.
For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
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-4 - Part 4 Formal Testacy and Appointment Proceedings (700.3401...700.3415) › Section 700.3415 - Independent Applications to Court.

700.3415 Independent applications to court.
Sec. 3415.
Unless supervised administration is sought and ordered, each person interested in an estate, including a personal representative, whether appointed informally or after notice, may make 1 or more independent requests to the court so that a question or assumption relating to the estate, including the status of an estate as testate or intestate, a matter relating to 1 or more claims, a disputed title, an account of a personal representative, and distribution, may be resolved or established by adjudication after notice without necessarily subjecting the estate to the necessity of a judicial order in regard to other or further questions or assumptions.
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 700.3501 - Supervised Administration; Nature of Proceeding.

700.3501 Supervised administration; nature of proceeding.
Sec. 3501.
(1) Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the court's continuing authority that extends until entry of an order approving estate distribution and discharging the personal representative or other order terminating the proceeding.
(2) A supervised personal representative is responsible to the court, as well as to the interested persons, and is subject to directions concerning the estate made by the court on its own motion or on the motion of an interested person.
(3) Except as otherwise provided in this part or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
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 700.3502 - Supervised Administration; Petition; Order.

700.3502 Supervised administration; petition; order.
Sec. 3502.
(1) Any interested person or a personal representative may file a petition for supervised administration at any time, or a petition for supervised administration may be joined with a petition in a formal testacy or appointment proceeding.
(2) If a decedent's testacy or a personal representative's priority and qualification have not been previously adjudicated, a petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding, and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the decedent's testacy and questions relating to the personal representative's priority and qualifications in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
(3) After notice to interested persons, the court shall order supervised administration of a decedent's estate in any of the following circumstances:
(a) If the decedent's will directs supervised administration, the court shall order supervised administration unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that supervised administration is not necessary.
(b) If the decedent's will directs unsupervised administration, the court shall only order supervised administration on a finding that it is necessary for protection of persons interested in the estate.
(c) In other cases, the court shall order supervised administration if the court finds that supervised administration is necessary under the circumstances.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC