700.3401 Formal testacy proceedings; nature; commencement. Sec. 3401. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. An interested person or a person that has a right or cause of action that cannot be enforced without administration may commence a formal testacy proceeding by filing 1 of the […]
700.3402 Formal testacy or appointment; proceedings; petition; contents. Sec. 3402. (1) A petition for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative must be directed to the court, must request a judicial order after notice and hearing, and must contain the statements required […]
700.3403 Formal testacy proceedings; notice of hearing on petition. Sec. 3403. (1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. The petitioner shall give notice in the manner prescribed by section 1401 to each of the following persons: (a) The decedent’s heirs. (b) The devisees and […]
700.3404 Formal testacy proceedings; written objections to probate. Sec. 3404. A party to a formal proceeding who opposes the probate of a will for any reason shall state in his or her pleadings the party’s objections to probate of the will. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.3405 Formal testacy proceedings; uncontested cases; hearings and proof. Sec. 3405. (1) If a petition in a testacy proceeding is unopposed, the court may either order probate or intestacy on the strength of the pleadings if satisfied that the conditions of section 3409 have been met or conduct a hearing in open court and require […]
700.3406 Formal testacy proceedings; contested cases; testimony of attesting witnesses. Sec. 3406. (1) If evidence concerning execution of an attested will that is not self-proved is necessary in a contested case, the testimony of at least 1 of the attesting witnesses, if within the state and if competent and able to testify, is required. Due […]
700.3407 Formal testacy proceedings; burdens in contested cases. Sec. 3407. (1) All of the following apply in a contested case: (a) A petitioner who seeks to establish intestacy has the burden of establishing prima facie proof of death, venue, and heirship. (b) A proponent of a will has the burden of establishing prima facie proof […]
700.3408 Formal testacy proceedings; will construction; effect of final order in another jurisdiction. Sec. 3408. This state’s court shall accept as determinative a final order of a court of another state determining testacy, or the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all […]
700.3409 Formal testacy proceedings; order; foreign will. Sec. 3409. (1) After the time expires for any required notice, upon proof of notice and after a hearing, if necessary, if the court finds that the testator is dead and that venue is proper, the court shall determine the decedent’s domicile at death, the decedent’s heirs, and […]
700.3410 Formal testacy proceedings; probate of more than one instrument. Sec. 3410. If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than 1 instrument may be probated if neither expressly revokes the other and neither contains provisions that work a total revocation by […]
700.3411 Formal testacy proceedings; partial intestacy. Sec. 3411. If it becomes evident in the course of a formal testacy proceeding that, though 1 or more instruments are entitled to be probated, the decedent’s estate is or may be partially intestate, the court shall enter an order to that effect. History: 1998, Act 386, Eff. Apr. […]
700.3412 Formal testacy proceedings; effect of order; vacation. Sec. 3412. (1) Subject to appeal and subject to vacation as provided in this section and section 3413, a formal testacy order under sections 3409 to 3411, including an order that the decedent did not leave a valid will and that determines heirs, is final as to […]
700.3413 Formal testacy proceedings; vacation of order for other cause. Sec. 3413. For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.3414 Formal proceeding concerning appointment of personal representative. Sec. 3414. (1) An interested person or a person that has a right or cause of action that cannot be enforced without appointment may file a petition for a formal proceeding regarding the priority or qualification of a prospective or appointed personal representative. (2) If an issue […]
700.3415 Independent applications to court. Sec. 3415. Unless supervised administration is sought and ordered, each person interested in an estate, including a personal representative, whether appointed informally or after notice, may make 1 or more independent requests to the court so that a question or assumption relating to the estate, including the status of an […]
