Mich. Comp. Laws § 700.1101
Short title.
This act shall be known and may be cited as the "estates and protected individuals code".
Michigan Compiled Laws — ESTATES AND PROTECTED INDIVIDUALS CODE (Act 386 of 1998)
Michigan · statute · 386 of 1998, Mich. Comp. Laws · 525 active provisions
Mich. Comp. Laws § 700.1102
Applicability of definitions.
The definitions contained in this part apply throughout this act unless the context requires otherwise or unless a term defined elsewhere in this act is applicable to a specific article, part, or section.
Mich. Comp. Laws § 700.1103
Definitions; "cost of living adjustment factor"; A to D.
As used in this act: (a) "1997 cost-of-living adjustment factor" means a fraction, the numerator of which is the United States Consumer Price Index for the prior calendar year and the denominator of which is the United States Consumer Price Index for 1997. As used in this subdivision, "United States Consumer Price Inde…
Mich. Comp. Laws § 700.1104
Definitions; E to H.
As used in this act: (a) "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance that relates to the protection of the environment or human health. (b) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is origina…
Mich. Comp. Laws § 700.1105
Definitions; I to L.
As used in this act: (a) "Incapacitated individual" means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to mak…
Mich. Comp. Laws § 700.1106
Definitions; M to P.
As used in this act: (a) "Mental health professional" means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following: (i) A physician who is licensed to practice medicine or osteopathic medicine and surgery in this state under article 15 of t…
Mich. Comp. Laws § 700.1107
Definitions; R to T.
As used in this act: (a) "Register" or "probate register" means the official of the court designated to perform the functions of register as provided in section 1304. (b) "Revised judicature act of 1961" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947. (c) "Security" includes, but is not…
Mich. Comp. Laws § 700.1108
Definitions; U to Z.
As used in this act: (a) "Ward" means an individual for whom a guardian is appointed. (b) "Will" includes, but is not limited to, a codicil and a testamentary instrument that appoints a personal representative, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an indivi…
Mich. Comp. Laws § 700.1201
Purposes; rules of construction.
This act shall be liberally construed and applied to promote its underlying purposes and policies, which include all of the following: (a) To simplify and clarify the law concerning the affairs of decedents, missing individuals, protected individuals, minors, and legally incapacitated individuals. (b) To discover and m…
Mich. Comp. Laws § 700.1202
Execution of documents; signing or witnessing documents by 2-way real-time audiovisual technology; requirements; good faith; applies April 30, 2020 until July 1, 2021.
(1) Notwithstanding anything in this act to the contrary, the act of signing or witnessing the execution of a document or instrument under this act, including, but not limited to, a will under article II, a disclaimer under section 2903, a funeral representative designation, a parental appointment of a guardian of a mi…
Mich. Comp. Laws § 700.1205
Discovery and remedies for fraud, embezzlement, conversion, or withholding of assets.
(1) The court may order a person to appear before the court and be examined upon the matter of a complaint that is filed with the court under oath by a fiduciary, beneficiary, creditor, or another interested person of a decedent's or ward's trust or estate alleging any of the following: (a) The person is suspected of h…
Mich. Comp. Laws § 700.1207
Evidence of death or status.
In addition to the rules of evidence in courts of general jurisdiction, the court shall determine death or status in accordance with the following: (a) Death occurs when an individual is determined to be dead under the determination of death act, 1992 PA 90, MCL 333.1031 to 333.1034. (b) A certified or authenticated co…
Mich. Comp. Laws § 700.1208
Procedure to establish death of accident or disaster victim.
(1) The procedure to establish the death of an individual who is an accident or disaster victim and whose remains have disappeared or are unidentifiable is as follows: (a) If an accident or disaster occurs that apparently causes the death of the individual described in this section, any of the following individuals may…
Mich. Comp. Laws § 700.1209
Acts by holder of power of appointment.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative, including relief from liability or penalty for failure to post bond or to perform other duties, the sole holder or all coholders of a presently exercisable or testamentary general or special power of appoin…
Mich. Comp. Laws § 700.1210
Cost-of-living adjustment.
(1) The specific dollar amounts stated in sections 2102, 2402, 2404, and 2405, and the specific dollar amounts stated in sections 3982 and 3983 before those sections were amended by the amendatory act that added section 1215, apply to decedents who die before January 1, 2001. For decedents who die after December 31, 20…
Mich. Comp. Laws § 700.1211
Court personnel prohibited from providing legal advice.
Court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person. This section does not prohibit the court from providing general information, blank forms, and information…
Mich. Comp. Laws § 700.1212
Fiduciary relationship.
(1) A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary. A fiduciary shall observe the standard of care described in section 7803 and shall discharge all of the duties and obligations of a confidential…
Mich. Comp. Laws § 700.1213
Reference to unified credits, exemption, or deductions.
If an individual includes a provision in a will, trust document, or beneficiary designation that is designed to reduce federal estate tax liability to zero or the lowest possible amount payable by describing a portion or amount measured by reference to the unified credit, the exemption equivalent, other credits, or oth…
Mich. Comp. Laws § 700.1214
Fiduciary; prohibited conduct.
Unless the governing instrument expressly authorizes such a transaction or investment, unless authorized by the court, except as provided in section 3713, 5421, or 7802, or except as provided in section 4405 of the banking code of 1999, 1999 PA 276, MCL 487.14405, a fiduciary in the fiduciary's personal capacity shall…
Mich. Comp. Laws § 700.1215
Notice or knowledge of facts.
(1) Subject to subsection (2), a person has knowledge of a fact if 1 or more of the following apply: (a) The person has actual knowledge of it. (b) The person has received a notice or notification of it. (c) From all the facts and circumstances known to the person at the time in question, the person has reason to know…
Mich. Comp. Laws § 700.1216
Governing instrument; substantial gift to drafting attorney; void; exceptions; definitions.
(1) Any part of a governing instrument that directly or indirectly makes a substantial gift to an attorney who drafted the governing instrument or a person related to the attorney who drafted the governing instrument is void unless the attorney who drafted the governing instrument or the person related to the attorney…
Mich. Comp. Laws § 700.1301
Territorial application.
Except as otherwise provided in this act, this act applies to all of the following: (a) The affairs and estate of a decedent, missing individual, or protected individual who is domiciled in this state. (b) A nonresident's property that is located in this state or property coming into the control of a fiduciary that is…
Mich. Comp. Laws § 700.1302
Exclusive subject matter jurisdiction.
The court has exclusive legal and equitable jurisdiction of all of the following: (a) A matter that relates to the settlement of a deceased individual's estate, whether testate or intestate, who was at the time of death domiciled in the county or was at the time of death domiciled out of state leaving an estate within…
Mich. Comp. Laws § 700.1303
Concurrent jurisdiction; removal; purpose and policy.
(1) In addition to the jurisdiction conferred by section 1302 and other laws, the court has concurrent legal and equitable jurisdiction to do all of the following in regard to an estate of a decedent, protected individual, ward, or trust: (a) Determine a property right or interest. (b) Authorize partition of property.…
Mich. Comp. Laws § 700.1304
Register; powers.
If this act specifies that the probate register perform an act or order, the probate judge, or the probate register or a deputy probate register if authorized in accordance with section 834 of the revised judicature act of 1961, being section 600.834 of the Michigan Compiled Laws, or in accordance with supreme court ru…
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