700.1201 Purposes; rules of construction. Sec. 1201. 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 make effective […]
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. Sec. 1202. (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 […]
700.1203 Supplementary general principles of law applicable; construction against implied repeal. Sec. 1203. (1) Unless displaced by the particular provisions of this act, general principles of law and equity supplement this act’s provisions. (2) This act is a general act intended as a unified coverage of its subject matter and a part of it shall […]
700.1205 Discovery and remedies for fraud, embezzlement, conversion, or withholding of assets. Sec. 1205. (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 […]
700.1207 Evidence of death or status. Sec. 1207. 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 […]
700.1208 Procedure to establish death of accident or disaster victim. Sec. 1208. (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 […]
700.1209 Acts by holder of power of appointment. Sec. 1209. 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 […]
700.1210 Cost-of-living adjustment. Sec. 1210. (1) The specific dollar amounts stated in sections 2102, 2402, 2404, 2405, and 3983 apply to decedents who die before January 1, 2001. For decedents who die after December 31, 2000, these specific dollar amounts shall be multiplied by the cost-of-living adjustment factor for the calendar year in which the […]
700.1211 Court personnel prohibited from providing legal advice. Sec. 1211. 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 […]
700.1212 Fiduciary relationship. Sec. 1212. (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 […]
700.1213 Reference to unified credits, exemption, or deductions. Sec. 1213. 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 […]
700.1214 Fiduciary; prohibited conduct. Sec. 1214. 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 […]
