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Chapter 700
- ESTATES AND PROTECTED INDIVIDUALS CODE
Act 59 of 2016 ‑ FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (700.1001 - 700.1018)
Section 700.1004 ‑ Disclosure of user's digital assets; use of online tool to direct digital custodian; contrary provision.
Section 700.1005 ‑ Access and use of digital assets; change or impairment of right of digital custodian or user under terms-of-service agreement; new or expanded rights; modification or elimination of access to digital assets.
Section 700.1006 ‑ Disclosure of digital assets by digital custodian; requirements.
Section 700.1007 ‑ Disclosure of deceased user's electronic communications to personal representative; procedure.
Section 700.1008 ‑ Disclosure of other digital assets of deceased user to personal representative.
Section 700.1009 ‑ Disclosure of content of electronic communications sent or received by principal.
Section 700.1011 ‑ Disclosure of content of electronic communication held in trust when trustee is original user.
Section 700.1012 ‑ Disclosure of content of electronic communication when trustee not original user.
Section 700.1013 ‑ Disclosure of other digital assets held in trust when trustee not original user.
Section 700.1014 ‑ Disclosure of protected person's digital assets to conservator.
Section 700.1017 ‑ Limiting, eliminating, or modifying powers of personal representative; court order.
Section 700.1018 ‑ Electronic signatures in global and national commerce act; effect.
Act 330 of 2016 ‑ QUALIFIED DISPOSITIONS IN TRUST ACT (700.1041 - 700.1050)
Section 700.1049 ‑ Power or capacity of trust beneficiary to transfer income; attachment; assignment; claim or action against trustee; disclaiming interest in trust.
Act 386 of 1998 ‑ ESTATES AND PROTECTED INDIVIDUALS CODE (700.1101 - 700.8206)***** 700.5501 THIS SECTION IS REPEALED BY ACT 187 OF 2023 EFFECTIVE JULY 1, 2024 *****
386‑1998‑I ‑ ARTICLE I DEFINITIONS, GENERAL PROVISIONS, AND COURT JURISDICTION (700.1101...700.1512)
386‑1998‑I‑1 ‑ PART 1 SHORT TITLE AND DEFINITIONS (700.1101...700.1108)
386‑1998‑I‑2 ‑ PART 2 CONSTRUCTION AND GENERAL PROVISIONS (700.1201...700.1216)
Section 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.
Section 700.1203 ‑ Supplementary general principles of law applicable; construction against implied repeal.
Section 700.1205 ‑ Discovery and remedies for fraud, embezzlement, conversion, or withholding of assets.
Section 700.1216 ‑ Governing instrument; substantial gift to drafting attorney; void; exceptions; definitions.
386‑1998‑I‑3 ‑ PART 3 SCOPE, JURISDICTION, AND COURTS (700.1301...700.1309)
386‑1998‑I‑4 ‑ PART 4 NOTICE, PARTIES, AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS (700.1401...700.1403)
Section 700.1403 ‑ Formal proceeding; pleadings; parties bound by others; notice.
386‑1998‑I‑5 ‑ PART 5 PRUDENT INVESTOR RULE (700.1501...700.1512)
386‑1998‑II ‑ ARTICLE II INTESTACY, WILLS, AND DONATIVE TRANSFERS (700.2101...700.2959)
386‑1998‑II‑1 ‑ PART 1 INTESTATE SUCCESSION (700.2101...700.2114)
386‑1998‑II‑2 ‑ PART 2 ELECTIVE SHARE OF SURVIVING SPOUSE (700.2201...700.2206)
386‑1998‑II‑3 ‑ PART 3 SPOUSE OR CHILD NOT PROVIDED FOR IN THE WILL (700.2301...700.2302)
386‑1998‑II‑4 ‑ PART 4 EXEMPT PROPERTY AND ALLOWANCES (700.2401...700.2405)
386‑1998‑II‑5 ‑ PART 5 WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS (700.2501...700.2519)
Section 700.2513 ‑ Separate writing identifying devise of certain types of tangible personal property.
386‑1998‑II‑6 ‑ PART 6 RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS (700.2601...700.2608)
Section 700.2606 ‑ Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent.
386‑1998‑II‑7 ‑ PART 7 RULES OF CONSTRUCTION APPLICABLE TO DONATIVE DISPOSITIONS IN WILLS AND OTHER GOVERNING INSTRUMENTS (700.2701...700.2723)
Section 700.2704 ‑ Protection of bona fide purchasers; personal liability of recipient.
Section 700.2705 ‑ Choice of law as to meaning and effect of governing instrument.
Section 700.2706 ‑ Power of appointment; meaning of specific reference requirement.
Section 700.2712 ‑ Protection of bona fide purchasers; personal liability of recipient.
Section 700.2713 ‑ Definitions for survivorship with respect to future interests under terms of trust.
Section 700.2714 ‑ Survivorship required for gift under trust; substitute gift; applicability of subsection (1).
Section 700.2717 ‑ Class gifts to ādescendants,āāissue,ā or āheirs of the bodyā; form of distribution if none specified.
Section 700.2723 ‑ Will, trust, or beneficiary designation of decedent who dies after December 31, 2009 and before January 1, 2011; presumption; retroactive effective date; "2010 federal tax relief act" defined.
386‑1998‑II‑8 ‑ PART 8 GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS (700.2801...700.2809)
Section 700.2805 ‑ Protection of bona fide purchasers; personal liability of recipient.
Section 700.2806 ‑ Definitions relating to revocation of probate and nonprobate transfers by divorce; revocation by other changes of circumstances.
Section 700.2807 ‑ Revocation upon divorce; revocation by other changes of circumstances.
Section 700.2809 ‑ Protection of bona fide purchasers; personal liability of recipient.
Section 700.2902 ‑ Right to disclaim; partial disclaimers; limitation on right to disclaim.
Section 700.2905 ‑ Delivery; disclaimer under power of appointment; disclaimer of joint property or fiduciary power.
Section 700.2907 ‑ Disposition of disclaimed interest; effect on future interest.
Section 700.2908 ‑ Disposition of disclaimed joint interest, trust interest, and fiduciary power.
Section 700.2959 ‑ Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency.
386‑1998‑III ‑ ARTICLE III PROBATE OF WILLS AND ADMINISTRATION (700.3101...700.3988)
Section 700.3106 ‑ Proceedings within jurisdiction of court; service; jurisdiction over persons.
386‑1998‑III‑2 ‑ PART 2 VENUE FOR PROBATE AND ADMINISTRATION, PRIORITY TO ADMINISTER, AND DEMAND FOR NOTICE (700.3201...700.3209)
Section 700.3201 ‑ Venue for first and subsequent estate proceedings; location of property.
Section 700.3202 ‑ Appointment or testacy proceedings; conflicting claim of domicile in another state.
Section 700.3203 ‑ Priority among persons seeking appointment as a general personal representative.
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.
Section 700.3205 ‑ Demand for notice of order or filing concerning decedent's estate.
Section 700.3206 ‑ Right and power to make decisions about funeral arrangements and handling, disposition, or disinterment of decedent's body; presumption; funeral representative designation; priority; "exercise their rights or powers under subsection (1)" defined; shared rights and powers; family member, personal representative, or nominated personal representative; guardian; special fiduciary or special personal representative; additional persons; reasonable attempt to locate person; effect of section on anatomical gift; person criminally charged with intentionally killing decedent; payment for costs; definitions.
Section 700.3207 ‑ Petition; venue; hearing; date; notice; service; funeral establishment as petitioner; factors to be considered in court decision; embalming of decedent's body.
Section 700.3209 ‑ Funeral establishment not civilly liable; reliance on funeral representative designation.
386‑1998‑III‑3 ‑ PART 3 INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS (700.3301...700.3311)
Section 700.3301 ‑ Informal probate or appointment proceedings; application; contents.
Section 700.3302 ‑ Informal probate; duty of register; effect of informal probate.
Section 700.3307 ‑ Informal appointment proceedings; delay in order; duty of register; effect of appointment.
Section 700.3308 ‑ Informal appointment proceedings; proof and required findings.
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.
Section 700.3405 ‑ Formal testacy proceedings; uncontested cases; hearings and proof.
Section 700.3406 ‑ Formal testacy proceedings; contested cases; testimony of attesting witnesses.
Section 700.3408 ‑ Formal testacy proceedings; will construction; effect of final order in another jurisdiction.
Section 700.3410 ‑ Formal testacy proceedings; probate of more than one instrument.
Section 700.3413 ‑ Formal testacy proceedings; vacation of order for other cause.
Section 700.3414 ‑ Formal proceeding concerning appointment of personal representative.
386‑1998‑III‑5 ‑ PART 5 SUPERVISED ADMINISTRATION (700.3501...700.3505)
Section 700.3504 ‑ Supervised administration; powers of personal representative.
Section 700.3505 ‑ Supervised administration; interim orders; partial distribution or other relief.
386‑1998‑III‑6 ‑ PART 6 PERSONAL REPRESENTATIVE AND APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY (700.3601...700.3618)
Section 700.3601 ‑ Qualification; limitation and procedure with regard to specified assets.
Section 700.3616 ‑ Special personal representative; appointed informally; powers and duties.
Section 700.3617 ‑ Special personal representative; formal proceedings; power and duties.
386‑1998‑III‑7 ‑ PART 7 DUTIES AND POWERS OF PERSONAL REPRESENTATIVES (700.3701...700.3722)
Section 700.3701 ‑ Powers and duties of personal representative; commencement; accrual.
Section 700.3703 ‑ General duties; relation and liability to persons interested in estate; standing to sue; accounting.
Section 700.3704 ‑ Personal representative to proceed without court order; exception.
Section 700.3713 ‑ Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions; presumption; compliance with Michigan prudent investor rule; exceptions.
Section 700.3721 ‑ Employment of agents and compensation of personal representatives and employees of estate; proceedings for review.
Section 700.3804 ‑ Manner of presentation of claims; commencement; claims by personal representative.
386‑1998‑III‑9 ‑ PART 9 SPECIAL PROVISIONS RELATING TO DISTRIBUTION (700.3901...700.3924)
Section 700.3914 ‑ Agreements among successors to decedent binding on personal representative.
Section 700.3922 ‑ Credit for foreign tax paid; payment and recovery of tax; delayed distribution; court determination of apportionment.
Section 700.3924 ‑ Survival and wrongful death actions; court approval of settlement and distribution.
Section 700.3952 ‑ Formal proceedings terminating administration testate or intestate; order of general protection.
Section 700.3953 ‑ Formal proceedings terminating testate administration; order construing will without adjudicating testacy.
Section 700.3954 ‑ Closing estate by sworn statement of personal representative.
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 $1,500 and decedent's wearing apparel.
386‑1998‑IV ‑ 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.
Section 700.4205 ‑ Ancillary and other local administrations; provisions governing.
386‑1998‑IV‑3 ‑ PART 3 JURISDICTION OVER FOREIGN REPRESENTATIVES (700.4301...700.4303)
386‑1998‑IV‑4 ‑ PART 4 JUDGMENTS AND PERSONAL REPRESENTATIVE (700.4401...700.4401)
Section 700.4401 ‑ Effect of adjudication for or against personal representative.
386‑1998‑V ‑ ARTICLE V PROTECTION OF AN INDIVIDUAL UNDER DISABILITY AND HIS OR HER PROPERTY (700.5101...700.5520)
386‑1998‑V‑1 ‑ PART 1 GENERAL PROVISIONS (700.5101...700.5109)
Section 700.5106 ‑ Appointment or approval of professional guardian or professional conservator as guardian or conservator; findings; bond; compensation or other benefits; schedule of visitation; care; appointment of nonbanking corporation to act as fiduciary in state.
Section 700.5108a ‑ Visitation requirements; 2-way real-time audiovisual technology; applicability of section.
Section 700.5109 ‑ Release from liability for injury of minor during recreational activity.
386‑1998‑V‑2 ‑ PART 2 GUARDIANS OF MINORS (700.5201...700.5219)
Section 700.5203 ‑ Objection by minor of 14 years or older to parental appointment.
Section 700.5204 ‑ Court appointment of guardian of minor; conditions for appointment.
Section 700.5206 ‑ Review modification of plan; powers and duties of limited guardian.
Section 700.5212 ‑ Court appointment of guardian of minor; qualifications; priority of minor's nominee.
Section 700.5213 ‑ Procedure for court appointment of guardian, temporary guardian, or lawyer-guardian ad litem for minor.
Section 700.5219 ‑ Resignation, removal, and other post-appointment proceedings.
386‑1998‑V‑3 ‑ PART 3 GUARDIANS OF INCAPACITATED INDIVIDUALS (700.5301...700.5319)
Section 700.5301 ‑ Appointment of guardian or designation of standby guardian for incapacitated person by will or other writing.
Section 700.5301b ‑ Appointment of guardian; jurisdiction of court; conditions; connection to state; factors.
Section 700.5303 ‑ Court appointment of guardian of incapacitated person; petition; alternatives to appointment of full guardian; hearing.
Section 700.5306 ‑ Court appointment of guardian of incapacitated person; findings; appointment of limited guardian; effect of patient advocate designation; supervised access.
Section 700.5306a ‑ Rights of individual for whom guardian is sought or appointed; form.
Section 700.5311 ‑ Appointment or removal of guardian; designation or change of standby guardian; notice of hearing.
Section 700.5319 ‑ Appointment of conservator or protective order; report of amount of additional cash or property.
386‑1998‑V‑4 ‑ PART 4 PROTECTION OF PROPERTY OF AN INDIVIDUAL UNDER DISABILITY OR OF A MINOR (700.5401...700.5433)
Section 700.5402a ‑ Appointment of conservator or issuance of protection order; conditions; connection of individual to state; factors.
Section 700.5412 ‑ Qualification; limitation and procedure with regard to specified assets; consent to jurisdiction.
Section 700.5421 ‑ Sale, encumbrance, or transaction involving conflict of interest; voidable; presumption; compliance with Michigan prudent investor rule; exceptions.
Section 700.5426 ‑ Gifts; distribution to formerly protected individual; death of protected individual.
Section 700.5432 ‑ Payment of debt and delivery of property to foreign conservator without local proceedings.
Section 700.5433 ‑ Appointment of conservator in another state as temporary conservator.
386‑1998‑V‑5 ‑ PART 5 DURABLE POWER OF ATTORNEY AND DESIGNATION OF PATIENT ADVOCATE (700.5501...700.5520)
Section 700.5502 ‑ Durable power of attorney not affected by lapse of time, disability, or incapacity; legal description of real estate not required.
Section 700.5505 ‑ Proof of continuance of durable and other powers of attorney by affidavit.
Section 700.5506 ‑ Designation of patient advocate; "community mental health services program or hospital" defined.
Section 700.5509 ‑ Authority and responsibilities of patient advocate; suspension.
Section 700.5515 ‑ Revocation of patient advocate designation; waiver; exercise of power by patient advocate; conditions.
Section 700.5520 ‑ Guardian making medical or mental health decisions; designation of another individual prohibited.
386‑1998‑VI ‑ ARTICLE VI NONPROBATE TRANSFERS ON DEATH (700.6101...700.6310)
386‑1998‑VI‑3 ‑ PART 3 UNIFORM TOD SECURITY REGISTRATION (700.6301...700.6310)
Section 700.6302 ‑ Registration in beneficiary form; sole or joint tenancy ownership.
386‑1998‑VII ‑ ARTICLE VII MICHIGAN TRUST CODE (700.7101...700.7913)
386‑1998‑VII‑1 ‑ PART 1 GENERAL PROVISIONS AND DEFINITIONS (700.7101...700.7114)
Section 700.7105 ‑ Duties and powers of trustee; provisions of law prevailing over terms of trust.
Section 700.7114 ‑ Trustee having insurable interest under life insurance policy; conditions.
Section 700.7205 ‑ Trust proceedings; dismissal of matters relating to foreign trusts.
Section 700.7206 ‑ Court; concurrent jurisdiction of litigation involving trusts and third parties.
Section 700.7207 ‑ Proceedings; review of employment of agents and compensation of trustee and employees of trustee.
Section 700.7302 ‑ Representation; conflict of interest; holder of power of revocation or amendment or power of appointment.
Section 700.7304 ‑ Representation by person having substantially identical interest.
386‑1998‑VII‑4 ‑ PART 4 CREATION, VALIDITY, MODIFICATION, AND TERMINATION OF TRUST (700.7401...700.7417)
Section 700.7406 ‑ Creation of trust induced by fraud, duress, or undue influence.
Section 700.7410 ‑ Modification or termination of trust; procedures for approval or disapproval.
Section 700.7411 ‑ Modification or termination of noncharitable trust; consent; "settlor's representative" defined.
Section 700.7412 ‑ Modification or termination of trust; unanticipated circumstances or inability to administer effectively.
Section 700.7414 ‑ Termination or modification of noncharitable trust; section inapplicable to easement for conservation or preservation.
Section 700.7416 ‑ Modification to achieve settlor's tax objectives; retroactive effect.
386‑1998‑VII‑5 ‑ PART 5 CREDITOR'S CLAIMS; SPENDTHRIFT, SUPPORT, AND DISCRETIONARY TRUSTS (700.7501...700.7511)
Section 700.7504 ‑ Spendthrift provision or support provision; exceptions; "child" defined.
Section 700.7505 ‑ Discretionary trust; effect of standard; right of transferee or creditor.
Section 700.7603 ‑ Powers of settlor; exceptions; settlor as incapacitated individual; powers of withdrawal; actions by predecessor trustee.
Section 700.7604 ‑ Proceeding to contest validity of revocable trust; limitation; distribution of property; liability.
Section 700.7606 ‑ Payment of expenses and obligations of settlor's estate; duty of trustee.
Section 700.7607 ‑ Rules regarding payment of expenses and obligations; priority; decedent as settlor of more than 1 trust.
Section 700.7610 ‑ Presentation of claims to assert liability; time limitation; exceptions.
Section 700.7614 ‑ Claims due at future time, contingent claim, or unliquidated claim.
Section 700.7703a ‑ Rules of construction; nonfiduciary powers under a trust; power of direction to trust director; duties and limitations of trust director and trustee; liability; applicability of rules to trusteeship; definitions.
Section 700.7703b ‑ Separate trustees provision; trust instrument; duties and powers; liability; definitions.
Section 700.7704 ‑ Vacancy in trusteeship; manner of filling; priority; appointment by court of additional trustee or fiduciary; definitions.
Section 700.7705 ‑ Resignation of trustee; circumstances; issuance of orders and conditions; liability.
Section 700.7709 ‑ Reimbursement of expenses; advance of money as lien; advances and reimbursement not as self-dealing or breach of fiduciary duty.
386‑1998‑VII‑8 ‑ PART 8 DUTIES AND POWERS OF TRUSTEE (700.7801...700.7821)
Section 700.7803 ‑ Impartiality; use of standards of Michigan prudent investor rule.
Section 700.7813 ‑ Duty to locate trust property and compel delivery; retention of reserve for payment of expenses; improper distribution or payment from trust; wrongful conversion.
Section 700.7815 ‑ Discretionary powers; abuse; liability to beneficiary; rules; effect of limited or prohibited powers; exceptions.
Section 700.7820a ‑ Irrevocable trust including discretionary trust provision; distribution; definitions.
386‑1998‑VII‑9 ‑ PART 9 LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE (700.7901...700.7913)
Section 700.7904 ‑ Attorney fees and costs; receipt of expenses and disbursements; reduction or denial of claim with respect to breach of trust.
Section 700.7909 ‑ Beneficiary's consent, release, or ratification of transaction.
386‑1998‑VIII ‑ ARTICLE VIII MISCELLANEOUS PROVISIONS (700.8101...700.8206)
386‑1998‑VIII‑2 ‑ PART 2 MICHIGAN TRUST CODE MISCELLANEOUS PROVISIONS; EFFECTIVE DATE (700.8201...700.8206)