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Michigan Compiled Laws — MICHIGAN ESTATE TAX ACT (Act 188 of 1899)

Michigan · statute · 188 of 1899, Mich. Comp. Laws · 60 active provisions

60 active provisions.

Mich. Comp. Laws § 205.201a

Death taxes of estates of non-resident decedents; executor or administrator; duties; filing and form of proof; notice to domiciliary state; final account; applicability; construction.

(1) The terms "death tax" and "death taxes", as used in the 5 following subsections, include inheritance, succession, transfer and estate taxes and any taxes levied against the estate of a decedent upon the occasion of his or her death. (2) Before the expiration of 18 months after the qualification in any probate court…

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Mich. Comp. Laws § 205.202a

Additional estate tax; purpose and construction of section; tax on generation-skipping transfers; “federal estate tax” defined.

(1) If the total of inheritance taxes levied and imposed by this act upon the inheritance or transfers of property of a resident or nonresident decedent does not equal or exceed the maximum credit for state death taxes allowable to the estate of the decedent against the federal estate tax imposed with respect thereto,…

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Mich. Comp. Laws § 205.204

Accrual of tax; when tax due and payable; failure or refusal to file return, report, or remittance; partial or interim payment; extension; penalty; interest; waiver of penalty; filing; waiver of filing.

(1) The tax imposed by this act accrues on the date of death and is due and payable on or before the expiration of 9 months after the date of death for a decedent dying before January 1, 1992 or, for a decedent dying after December 31, 1991, 105 days after the date of death or September 1, 1992, whichever is later. For…

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Mich. Comp. Laws § 205.205

Sale of property of estate to pay tax; collection from devisee; legacy not delivered until tax paid; money legacy.

Every executor, administrator, trustee or other person shall have full power to sell or mortgage so much of the property of the decedent as will enable him or her to pay such tax in the same manner as he or she might be entitled by law to do for the payment of the debts of a decedent or ward; except that in cases where…

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Mich. Comp. Laws § 205.209

Delivering or surrendering possession or custody of assets of resident decedent; notice; further duty not imposed.

A safe and collateral deposit company, trust company, corporation, bank, or other institution, or person having in possession or custody, securities, deposits, or other assets at the date of death of a decedent who was a resident of this state, belonging to such resident decedent, or belonging to such resident decedent…

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Mich. Comp. Laws § 205.209a

Delivering or surrendering possession or custody of property of nonresident decedent; waiver, receipt, or probate court order; notice; duties of institution or person.

A safe and collateral deposit company, trust company, corporation, bank, or other institution, or person having in possession or custody, at the date of death of a decedent who was a nonresident of this state, any property, belonging to the nonresident decedent, or belonging to the nonresident decedent and 1 or more pe…

MichiganMICHIGAN ESTATE TAX ACTeffective
Mich. Comp. Laws § 205.209c

Wrongful delivery or surrender of possession or custody of assets; liability for tax, interest, and penalty; payment enforceable in civil action by attorney general; taxation of costs.

Any safe and collateral deposit company, trust company, corporation, bank, or other institution, or person delivering or surrendering possession or custody of securities, deposits, or other assets without compliance with the applicable provisions of sections 9, 9a, 9e, and 9f shall be liable for the amount of the tax a…

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Mich. Comp. Laws § 205.209e

Payment, delivery, or surrender of custody of assets of resident decedent to other than executors or administrators; notice.

Except as otherwise provided in this act, a safe and collateral deposit company, trust company, corporation, bank, or other institution, or person having in possession or custody, securities, deposits, or any other assets subject to tax under this act at the death of a decedent who was a resident of this state, which b…

MichiganMICHIGAN ESTATE TAX ACTeffective
Mich. Comp. Laws § 205.209g

Order to examine safe deposit box of decedent for will or burial plot deed; delivery of will or deed; receipt; removal of other items; statement of persons in attendance; fee.

Notwithstanding section 9c, wherever it appears to the probate judge of any county in this state by petition of an interested party that a safe and collateral deposit company, trust company, corporation, bank, or other institution has leased to a decedent alone a safe deposit box in the county in which the probate cour…

MichiganMICHIGAN ESTATE TAX ACTeffective
Mich. Comp. Laws § 205.210

Inheritance tax; jurisdiction of probate court; determination and payment of tax required prior to closing estate.

The probate court of every county of this state having jurisdiction to grant letters testamentary or of administration upon the estate of a decedent whose property is chargeable with any tax under this act, or to appoint a trustee of such estate or any part thereof, or to give ancillary letters thereon, shall have juri…

MichiganMICHIGAN ESTATE TAX ACTeffective
Mich. Comp. Laws § 205.211

Appraiser; appointment; appraisement of vested and contingent estates; insurance commissioner; duties; money legacy.

The judge of probate, upon the application of any interested party, including the state treasurer and county treasurers, or upon his or her own motion, shall, as often as and whenever occasion may require, appoint a competent person as appraiser to fix the clear market value at the time of the transfer of property whic…

MichiganMICHIGAN ESTATE TAX ACTeffective
Mich. Comp. Laws § 205.213

Filing report of appraiser; determining clear market value and amount of tax; petition.

(1) The report of the appraiser shall be filed in the office of the judge of probate, and from such report and other proof relating to any estate before the judge of probate, the judge of probate shall forthwith, as of course, determine the clear market value of all estates as of the date of transfer, and the amount of…

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