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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3915 - Distribution to Trustee.

700.3915 Distribution to trustee.
Sec. 3915.
(1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section 7814.
(2) If the terms of the trust do not excuse the trustee from giving bond, or if the trustee is not a financial institution qualified to do trust business in this state, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative reasonably believes that a bond is needed to protect the interests of the beneficiaries. A personal representative may withhold distribution until the court acts on the petition.
(3) An inference of negligence on the personal representative's part shall not be drawn from failure to exercise the authority conferred by subsections (1) and (2).
(4) If it becomes necessary or convenient in the settlement or distribution of a decedent's estate to appoint a trustee to take charge of or invest and distribute a portion of the estate, the court may appoint a trustee upon the request of the personal representative or another interested person.
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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3916 - Disposition of Unclaimed Assets.

700.3916 Disposition of unclaimed assets.
Sec. 3916.
(1) In exchange for suitable receipts and following a court order if the administration is supervised, a fiduciary making final distribution shall deposit with the county treasurer the money or personal property the fiduciary has that belongs to any of the following:
(a) An heir, devisee, trust beneficiary, or claimant whose whereabouts the fiduciary cannot ascertain after diligent inquiry.
(b) An heir, devisee, trust beneficiary, or claimant who declines to accept the money awarded to the person.
(c) A person if the right of the person is the subject of appeal from an order of the court.
(2) As an alternative to deposit with the county treasurer under subsection (1), if the amount involved for a person described under subsection (1)(a) or (b) is $250.00 or less, the fiduciary may distribute the amount as part of the residue of the decedent's estate or to those entitled to the trust fund balance. If the fiduciary has property other than money that belongs to a person described in subsection (1)(a) or (b), the fiduciary may sell the property for the purpose of reducing it to money to be deposited with the county treasurer.
(3) The fiduciary shall retain or file the county treasurer's receipt for property deposited under this section in the same fashion as though the fiduciary paid or delivered the money or property to, and received a receipt from, the heir, devisee, trust beneficiary, or claimant.
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 700.3917 - Duties of County Treasurer.

700.3917 Duties of county treasurer.
Sec. 3917.
(1) The county treasurer shall receive and safely keep money deposited under authority of this act in a separate fund and keep a separate account for each distributee or claim. The county treasurer shall deposit the money in a county depository at the current rate of interest, shall pay out from the fund upon the order of the court, and shall turn over any surplus left in the treasurer's hands at the termination of the treasurer's term of office to the treasurer's successor. The county treasurer shall, at the end of each year, render to the court, and to the county board of commissioners, a true account of that money.
(2) For the care of the money received under authority of this act, the county treasurer may take 1% from the different amounts paid out under court order unless the amount paid out to a single individual exceeds $1,000.00, in which case the county treasurer shall take $10.00 plus 1/2 of 1% of the excess of the amount over $1,000.00.
(3) A person entitled to the money may petition the court having jurisdiction for an order directing the county treasurer to pay over money that is deposited with the county treasurer. Upon receiving the petition, the court shall make an order as to notice of the hearing as the court considers proper. Upon satisfactory proof being made to the court of the claimant's right to the money, the court shall order the county treasurer to pay the money and interest earned on the money, less the fee of the county treasurer, to the claimant.
(4) If a person whose whereabouts are unknown or who declined to accept the money does not make a claim to money deposited by a fiduciary before the expiration of 3 years after the deposit date, the money and interest earned on the money that would be distributed under this section to the person, if alive, less expenses, shall be distributed by court order to each person who would be entitled to the money if the person had died before the date that he or she became entitled to the money, and the person is forever barred from all claim or right to the money.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004
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 700.3918 - Distribution to Person Under Disability.

700.3918 Distribution to person under disability.
Sec. 3918.
(1) A personal representative may discharge the personal representative's obligation to distribute to an individual under legal disability by distributing in a manner expressly provided in the will.
(2) Unless contrary to an express provision in the will, the personal representative may discharge the personal representative's obligation to distribute to an individual under legal disability as authorized by section 5102 or another statute. If the personal representative knows that a conservator has been appointed for an individual or that a proceeding for appointment of a conservator for the individual is pending, the personal representative is authorized to distribute only to the conservator. If the personal representative knows that a guardian of the estate of an individual with a developmental disability has been appointed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or that a proceeding for appointment of a guardian of the estate for the individual with the developmental disability is pending, the personal representative is authorized to distribute only to the guardian of the estate.
(3) If the heir or devisee is under legal disability other than minority, the personal representative is authorized to distribute to any of the following:
(a) A trustee appointed by the court under section 3915(4).
(b) An attorney in fact who has authority under a power of attorney to receive property for that person.
(c) The spouse, parent, or other close relative with whom the individual under legal disability resides if both of the following are true:
(i) A conservator has not been appointed for the individual.
(ii) The distribution is in amounts not exceeding $5,000.00 a year or property not exceeding $5,000.00 in value, unless the court authorizes a higher amount or value.
(4) A person receiving money or property for an individual under legal disability shall use the money or property only for that individual's support and for reimbursement of out-of-pocket expenses for goods and services necessary for that individual's support. Excess money and property shall be preserved for the individual's future support. The personal representative is not responsible for the proper use of money or property by the recipient if distribution is made under the authority of 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-9 - Part 9 Special Provisions Relating to Distribution (700.3901...700.3924) › Section 700.3919 - Final Distribution to Domiciliary Representative.

700.3919 Final distribution to domiciliary representative.
Sec. 3919.
(1) If there is a personal representative of the decedent's domicile willing to receive it, a nonresident decedent's estate being administered by a personal representative appointed in this state shall be distributed to the domiciliary personal representative for the benefit of the decedent's successors unless any of the following apply:
(a) By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified under the law of this state without reference to the law of the decedent's domicile.
(b) After reasonable inquiry, this state's personal representative is unaware of the existence or identity of a domiciliary personal representative.
(c) The court orders otherwise in a proceeding for a closing order under section 3952 or incident to the closing of a supervised administration.
(2) If subsection (1) is not applicable to an estate, distribution of the decedent's estate shall be made in accordance with the other provisions of this article.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005
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 700.3923 - Allocation of Penalty and Interest.

700.3923 Allocation of penalty and interest.
Sec. 3923.
(1) If the probate court finds that it is inequitable to apportion taxes, credits, interest, and penalties in the manner provided in sections 3920 to 3922 because of special circumstances, the court may direct apportionment in the manner it finds equitable.
(2) If the probate court finds that the assessment of penalties and interest assessed in relation to a tax is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest.
(3) In an action or proceeding to recover from a person interested in the estate the amount of a tax apportioned to the person in accordance with this act, the court's determination in respect to the apportionment is prima facie correct.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3951 - Notice of Continued Administration.

700.3951 Notice of continued administration.
Sec. 3951.
(1) If the personal representative does not complete estate administration within 1 year after the original appointment by petitioning for a settlement order under section 3952 or 3953 or by filing a sworn statement under section 3954, the personal representative shall file with the court and send to all interested persons a notice that the estate remains under administration and specifying the reason for continuation of administration. This notice of continued administration must be filed not later than 28 days after the anniversary of the personal representative's appointment and, if administration remains incomplete, not later than 28 days after each subsequent anniversary of the appointment.
(2) If the notice described in subsection (1) is not filed, an interested person may petition the court for a hearing on the necessity for continued administration or petition for a settlement order under either section 3952 or 3953. In response to such a petition, the court may issue appropriate orders to assure prompt estate settlement.
(3) If the notice described in subsection (1) is not filed and an interested person's petition is not pending, the court may notify the personal representative and all interested persons that the court will close the estate administration and terminate the personal representative's authority within 63 days unless within that time period any of the following occur:
(a) The personal representative files a notice under subsection (1), a petition for settlement under either section 3952 or 3953, or a sworn statement under section 3954.
(b) An interested person files a petition requesting a hearing on the necessity for continued administration or a petition for an order of settlement under either section 3952 or 3953.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3952 - Formal Proceedings Terminating Administration Testate or Intestate; Order of General Protection.

700.3952 Formal proceedings terminating administration testate or intestate; order of general protection.
Sec. 3952.
(1) A personal representative or an interested person may petition for an order of complete estate settlement. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointment. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedent's death.
(2) A petition under this section may request the court to determine testacy, if not previously determined, to consider the final account, to compel or approve an accounting and distribution, to construe a will or determine heirs, and to adjudicate the estate's final settlement and distribution. After notice to all interested persons and a hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and as circumstances require, approving settlement, directing or approving estate distribution, and discharging the personal representative from further claim or demand of an interested person.
(3) If 1 or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, on proper petition for an order of complete estate settlement under this section and after notice to the omitted or unnotified persons and other interested persons determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, the court may determine testacy as it affects the omitted persons, and confirm or alter the previous testacy order as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding constitutes prima facie proof of due execution of a will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceeding determined this fact.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3953 - Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy.

700.3953 Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
Sec. 3953.
(1) A personal representative administering an estate under an informally probated will or a devisee under an informally probated will may petition for a settlement order for the estate that does not adjudicate the decedent's testacy status. The personal representative may petition at any time, and a devisee may petition after 1 year after the original personal representative's appointment. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedent's death.
(2) A petition under this section may request the court to consider the final account, to compel or approve an accounting and distribution, to construe the will, or to adjudicate the estate's final settlement and distribution. After notice to all devisees and the personal representative and a hearing, the court may enter appropriate orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement, directing or approving estate distribution, and discharging the personal representative from further claim or demand of a devisee who is a party to the proceeding and those the devisee represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of section 3952.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3954 - Closing Estate by Sworn Statement of Personal Representative.

700.3954 Closing estate by sworn statement of personal representative.
Sec. 3954.
(1) Unless prohibited by court order and except for an estate being administered in a supervised administration proceeding, a personal representative may close an estate by filing with the court, no earlier than 5 months after the date of a general personal representative's original appointment, a sworn statement stating that the personal representative or a previous personal representative has done all of the following:
(a) Determined that notice was published and the time limited for presentation of creditors claims has expired.
(b) Fully administered the decedent's estate by making payment, settlement, or other disposition of all claims that were presented, of administration and estate expenses, and of estate, inheritance, and other death taxes, except as specified in the statement, including distribution of the estate property to the persons entitled. If a claim remains undischarged, the statement shall state whether the personal representative distributed the estate subject to possible liability with the distributee's agreement or shall state in detail other arrangements that have been made to accommodate outstanding liabilities.
(c) Sent a copy of the statement to all estate distributees and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred.
(d) Furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected by the administration. The account shall clearly state the amount paid out of the estate in fiduciary fees, attorney fees, and other professional fees.
(2) If a proceeding involving the personal representative is not pending in the court 1 year after the closing statement is filed, the personal representative's appointment terminates.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3955 - Liability of Distributees to Claimants.

700.3955 Liability of distributees to claimants.
Sec. 3955.
After estate property is distributed and subject to section 3957, an undischarged claim not barred may be prosecuted in a proceeding against 1 or more distributees. A distributee is not liable to a claimant for an amount received as exempt property or as a homestead or family allowance, or for an amount in excess of the value of the distributee's distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of an unbarred claim as if the claim had been satisfied in the course of administration. If a distributee fails to notify other distributees of the demand made upon the distributee by the claimant in sufficient time to permit them to join in a proceeding in which the claim is asserted, the distributee loses the right of contribution against other distributees.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3956 - Limitations on Proceedings Against Personal Representative.

700.3956 Limitations on proceedings against personal representative.
Sec. 3956.
Unless previously barred by adjudication and except as provided in the closing statement, the right of a successor or creditor whose right is not otherwise barred against the personal representative for breach of fiduciary duty is barred unless a proceeding to assert the right is commenced within 6 months after the filing of the closing statement. The right barred under this section does not include the right to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3957 - Limitations on Actions and Proceedings Against Distributees.

700.3957 Limitations on actions and proceedings against distributees.
Sec. 3957.
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling a personal representative's accounts, or otherwise barred, a claimant's claim to recover from a distributee who is liable to pay the claim and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from a distributee are forever barred at the later of 3 years after the decedent's death or 1 year after the time of the property's distribution. However, all claims of the decedent's creditors are barred in accordance with the time periods specified in section 3803. This section does not bar an action to recover property or value received as a result of fraud.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3958 - Certificate of Completion.

700.3958 Certificate of completion.
Sec. 3958.
If an objection to the closing statement is not filed within 28 days after the filing date, the personal representative, the personal representative's sureties, or a successor of either is entitled to receive a certificate from the register that the personal representative appears to have fully administered the estate in question. The certificate is evidence of discharge of a lien on property given to secure the personal representative's obligation in lieu of bond or a surety. The certificate does not preclude action against the personal representative or the surety.
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-10 - Part 10 Closing Estates (700.3951...700.3959) › Section 700.3959 - Subsequent Administration.

700.3959 Subsequent administration.
Sec. 3959.
If estate property is discovered after an estate is settled and either the personal representative is discharged or 1 year has expired after a closing statement is filed, or if there is other good cause to reopen a previously administered estate, including an estate administratively closed, upon petition of an interested person and notice as the court directs, the court may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this act apply as appropriate. A claim previously barred shall not be asserted in the subsequent administration.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article III - Probate of Wills and Administration (700.3101...700.3988) › 386-1998-III-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3981 - Delivery of Cash Not Exceeding $500 and Decedent's Wearing Apparel.

700.3981 Delivery of cash not exceeding $500 and decedent's wearing apparel.
Sec. 3981.
A hospital, convalescent or nursing home, morgue, or law enforcement agency holding $500.00 or less and wearing apparel of a decedent may deliver the money and wearing apparel to an individual furnishing identification and a sworn statement that the individual is the decedent's spouse, child, or parent and that there is no application or petition pending for administration of the decedent's estate. The hospital, home, morgue, or law enforcement agency making the delivery is released to the same extent as if delivery were made to a legally qualified personal representative of the decedent's estate and is not required to see to the property's disposition. The individual to whom delivery is made is answerable for the property to a person with a prior right and accountable to a personal representative of the decedent's estate appointed after the delivery.
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-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3982 - Court Order Distributing Small Estates.

700.3982 Court order distributing small estates.
Sec. 3982.
(1) Upon a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $15,000.00 or less, the court may order that the property be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.
(2) Upon a showing of evidence, satisfactory to the court, that the decedent's funeral or burial expenses are unpaid or were paid by a person other than the estate, and if the balance of the gross estate after payment of the expenses would consist of property of the value of $15,000.00 or less, the court shall order that the property be first used to pay the unpaid funeral and burial expenses, or to reimburse the person that paid those expenses, and may order that the balance be turned over to the surviving spouse or, if there is not a spouse, to the decedent's heirs.
(3) Other than a surviving spouse who qualifies for allowances under this act or the decedent's minor children, an heir who receives property through an order under this section is responsible, for 63 days after the date of the order, for any unsatisfied debt of the decedent up to the value of the property received through the order. The court shall state in the order the condition on the distribution of property provided by this subsection.
(4) If a decedent's estate meets the criteria for using the procedure under either this section or section 3983 and if a person is authorized by this act to use either procedure, a person, other than the court, shall not require the authorized person to use 1 procedure rather than the other.
(5) A dollar amount prescribed by this section shall be adjusted as provided in section 1210.
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-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3983 - Collection of Personal Property by Sworn Statement.

700.3983 Collection of personal property by sworn statement.
Sec. 3983.
(1) After 28 days after a decedent's death, a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or the instrument to a person claiming to be the decedent's successor upon being presented with the decedent's death certificate and a sworn statement made by or on behalf of the successor stating all of the following:
(a) The estate does not include real property and the value of the entire estate, wherever located, net of liens and encumbrances, does not exceed $15,000.00, adjusted as provided in section 1210.
(b) Twenty-eight days have elapsed since the decedent's death.
(c) An application or petition for the appointment of a personal representative is not pending or has not been granted in any jurisdiction.
(d) The claiming successor is entitled to payment or delivery of the property.
(e) The name and address of each other person that is entitled to a share of the property and the portion to which each is entitled.
(2) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of a sworn statement as provided in subsection (1).
(3) The state court administrative office shall develop and make available a standardized form for use as a sworn statement that can be used for the procedure authorized under subsection (1). The form shall include a notice that a false statement may subject the person swearing to the statement to prosecution for perjury.
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-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3984 - Effect of Sworn Statement.

700.3984 Effect of sworn statement.
Sec. 3984.
(1) A person paying, delivering, transferring, or issuing personal property or the evidence of personal property under a sworn statement as provided in section 3983 is discharged and released to the same extent as if the person dealt with the decedent's personal representative. The person is not required to see to the application of the personal property or evidence of the application, or to inquire into the truth of a statement in the sworn statement.
(2) If a person to whom a sworn statement is delivered under section 3983 refuses to pay, deliver, transfer, or issue personal property or evidence of personal property, the property may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of a person's right to the property in a proceeding brought for the purpose by or on behalf of the persons entitled to the property. A person to whom payment, delivery, transfer, or issuance is made is answerable and accountable for the property to a personal representative of the estate or to another person having a superior right.
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-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3987 - Summary Administrative Proceedings.

700.3987 Summary administrative proceedings.
Sec. 3987.
If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable, necessary medical and hospital expenses of the decedent's last illness, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to the estate and may file a closing statement as provided in section 3988.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 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-11 - Part 11 Collection of Personal Property by Sworn Statement, Small Estates, and Summary Administrative Proceedings (700.3981...700.3988) › Section 700.3988 - Closing by Sworn Statement of Personal Representative.

700.3988 Closing by sworn statement of personal representative.
Sec. 3988.
(1) Unless prohibited by court order and except for an estate being administered by a supervised personal representative, a personal representative may close an estate administered under the summary procedures of section 3987 by filing with the court, at any time after disbursement and distribution of the estate, a sworn statement stating all of the following:
(a) To the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reasonable, necessary medical and hospital expenses of the decedent's last illness.
(b) The personal representative has fully administered the estate by disbursing and distributing it to the persons entitled to the estate.
(c) The personal representative has sent a copy of the closing statement to all estate distributees and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred, and has furnished a full account in writing of the estate administration to the distributees whose interests are affected.
(2) The sworn statement filed under this section has the same effect as a sworn statement filed under section 3954. If an objection to the sworn statement is not filed within 28 days after the filing date, the register shall issue a certificate described in section 3958.
(3) If an action or proceeding involving the personal representative is not pending in the court 1 year after the closing statement is filed under this section, the personal representative's appointment terminates.
History:
1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-1 - Part 1 Definitions (700.4101...700.4101) › Section 700.4101 - Definitions.

700.4101 Definitions.
Sec. 4101.
As used in this article:
(a) "Local administration" means administration by a personal representative appointed in this state under an appointment proceeding described in article III.
(b) "Local personal representative" includes a personal representative appointed in this state under an appointment proceeding described in article III and excludes a foreign personal representative who acquires the power of a local personal representative under section 4203.
(c) "Resident creditor" means a person domiciled or doing business in this state that is, or could be, a claimant against a nonresident decedent's 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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205) › Section 700.4201 - Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration.

700.4201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
Sec. 4201.
At any time after the expiration of 63 days after a nonresident decedent's death, a person indebted to the nonresident decedent, or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent, may pay the debt or deliver the personal property or the instrument to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary personal representative's appointment and a sworn statement made by or on behalf of the representative stating all of the following:
(a) The date of the nonresident decedent's death.
(b) That local administration, or an application or petition for local administration, is not pending in this state.
(c) That the domiciliary foreign personal representative is entitled to payment or delivery.
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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205) › Section 700.4202 - Payment Discharges; Effect of Resident Creditor Notice.

700.4202 Payment discharges; effect of resident creditor notice.
Sec. 4202.
(1) Payment or delivery made in good faith on the basis of proof of authority and a sworn statement as provided in section 4201 releases the debtor or person having possession of the personal property to the same extent as if payment or delivery is made to a local personal representative.
(2) Payment or delivery under section 4201 shall not be made if a resident creditor of the nonresident decedent notifies the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205) › Section 700.4203 - Proof of Authority; Bond.

700.4203 Proof of authority; bond.
Sec. 4203.
(1) If local administration, or an application or petition for local administration, is not pending in this state, a domiciliary foreign personal representative may file with a court in this state, in a county in which property belonging to the decedent is located, authenticated copies of the representative's appointment and of any official bond the representative has given.
(2) As to property in this state, a domiciliary foreign personal representative who complies with this section may exercise the power of a local personal representative, including, but not limited to, the execution and delivery of a deed under and in satisfaction of a land contract for the purchase of real property located in this state, a discharge of a mortgage, or a discharge of a security interest or financing statement or both, and may maintain an action or proceeding in this state subject to any conditions imposed upon nonresident parties generally.
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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205) › Section 700.4204 - Power of Representatives in Transition.

700.4204 Power of representatives in transition.
Sec. 4204.
(1) A domiciliary foreign personal representative's power under sections 4201 and 4203 shall be exercised only if estate administration or an application for administration is not pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 4203, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate.
(2) A person who, before receiving actual notice of a pending local administration, changes his or her position in reliance upon a foreign personal representative's power shall not be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations that have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in an action or proceeding in this state.
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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-2 - Part 2 Powers of Foreign Personal Representatives (700.4201...700.4205) › Section 700.4205 - Ancillary and Other Local Administrations; Provisions Governing.

700.4205 Ancillary and other local administrations; provisions governing.
Sec. 4205.
In respect to a nonresident decedent, article III governs all of the following:
(a) A proceeding in a court of this state for probate of the will, for appointment, removal, supervision, and discharge of the local personal representative, and for another order concerning the estate.
(b) The status, powers, duties, and liabilities of a local personal representative and a right of a claimant, purchaser, distributee, and another in regard to a local administration.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC
2023 Michigan Compiled Laws › Chapter 700 - Estates and Protected Individuals Code › Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206) › Article IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-3 - Part 3 Jurisdiction Over Foreign Representatives (700.4301...700.4303) › Section 700.4301 - Jurisdiction by Act of Foreign Personal Representative.

700.4301 Jurisdiction by act of foreign personal representative.
Sec. 4301.
(1) A foreign personal representative submits personally to the jurisdiction of the courts of this state in a proceeding relating to the estate by doing any of the following:
(a) Filing an authenticated copy of appointment as provided in section 4203.
(b) Receiving payment of money or taking delivery of personal property under section 4201.
(c) Doing an act as a personal representative in this state that would give the state jurisdiction over an individual.
(2) Jurisdiction under subsection (1)(b) is limited to the money or value of personal property collected.
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 IV - Foreign Personal Representatives and Ancillary Administration (700.4101...700.4401) › 386-1998-IV-3 - Part 3 Jurisdiction Over Foreign Representatives (700.4301...700.4303) › Section 700.4302 - Jurisdiction by Act of Decedent.

700.4302 Jurisdiction by act of decedent.
Sec. 4302.
In addition to jurisdiction conferred by section 4301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the representative's decedent was subject to that jurisdiction immediately before death.
History:
1998, Act 386, Eff. Apr. 1, 2000
Popular Name:
EPIC