700.3901 Successors’ rights in absence of administration. Sec. 3901. In the absence of administration, the decedent’s heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. A devisee may establish title by the probated will to devised property. An individual entitled to […]
700.3902 Distribution; order in which assets appropriated; abatement. Sec. 3902. (1) Subject to subsections (2) and (3) and except as provided in section 2301(3) or 2302(1)(b)(iv), distributees’ shares abate, without a preference or priority between real and personal property, in the following order: (a) Property not disposed of by the will. (b) Residuary devises. (c) […]
700.3903 Indebtedness; set-off. Sec. 3903. The amount of a successor’s noncontingent indebtedness to the estate if due, or its present value if not due, shall be offset against the successor’s interest. However, the successor has the benefit of a defense that would be available to the successor in a direct proceeding for recovery of the […]
700.3904 Interest on general pecuniary devise. Sec. 3904. Unless a contrary intent is indicated by the will, a general pecuniary devise bears interest at the legal rate beginning 1 year after the first appointment of a personal representative until payment. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.3905 Penalty clause for contest. Sec. 3905. In accordance with section 2518, a provision in a will purporting to penalize an interested person for contesting the will or instituting another proceeding relating to the estate shall not be given effect if probable cause exists for instituting a proceeding contesting the will or another proceeding relating […]
700.3906 Distribution in kind; valuation; method. Sec. 3906. (1) Unless the will indicates a contrary intention, the distributable property of a decedent’s estate shall be distributed in kind to the extent possible through application of the following provisions: (a) A specific devisee is entitled to distribution of the property devised to him or her, and […]
700.3907 Pecuniary bequests and trust interests. Sec. 3907. (1) This section governs a distribution in kind in satisfaction, wholly or partly, of a pecuniary bequest or transfer in trust of a pecuniary amount. (2) Whether a devise or transfer in trust is pecuniary in character depends upon the testator’s or settlor’s intention. (3) If the […]
700.3908 Proposed distribution. Sec. 3908. After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of a distributee to object to the proposed distribution on the basis of the kind […]
700.3909 Distribution in kind; evidence. Sec. 3909. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the property to the distributee as evidence of the distributee’s title to the property. History: 1998, Act 386, Eff. Apr. 1, 2000 Popular Name: EPIC
700.3910 Distribution; right or title of distributee. Sec. 3910. Proof that a distributee has received an instrument or deed of distribution of property in kind, or payment in distribution, from a personal representative is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed property, as against all persons […]
700.3911 Improper distribution; liability of distributee. Sec. 3911. Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property that is improperly distributed or paid, or a claimant that is improperly paid, is liable to return the property improperly received and its income since distribution if […]
700.3912 Purchasers from distributees protected. Sec. 3912. (1) If property distributed in kind or a security interest in that property is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or […]
700.3913 Partition for purpose of distribution. Sec. 3913. If 2 or more heirs or devisees are entitled to distribution of an undivided interest in estate property, the personal representative or 1 or more of the heirs or devisees may petition the court to make partition before the formal or informal closing of the estate. After […]
700.3914 Agreements among successors to decedent binding on personal representative. Sec. 3914. (1) Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way […]
700.3915 Distribution to trustee. Sec. 3915. (1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which it is to be administered provides for registration and that the trustee inform the beneficiaries as provided in section 7814. (2) If the terms of the trust do […]
700.3916 Disposition of unclaimed assets. Sec. 3916. (1) In exchange for suitable receipts and following a court order if the administration is supervised, a fiduciary making final distribution shall deposit with the county treasurer the money or personal property the fiduciary has that belongs to any of the following: (a) An heir, devisee, trust beneficiary, […]
700.3917 Duties of county treasurer. Sec. 3917. (1) The county treasurer shall receive and safely keep money deposited under authority of this act in a separate fund and keep a separate account for each distributee or claim. The county treasurer shall deposit the money in a county depository at the current rate of interest, shall […]
700.3918 Distribution to person under disability. Sec. 3918. (1) A personal representative may discharge the personal representative’s obligation to distribute to an individual under legal disability by distributing in a manner expressly provided in the will. (2) Unless contrary to an express provision in the will, the personal representative may discharge the personal representative’s obligation […]
700.3919 Final distribution to domiciliary representative. Sec. 3919. (1) If there is a personal representative of the decedent’s domicile willing to receive it, a nonresident decedent’s estate being administered by a personal representative appointed in this state shall be distributed to the domiciliary personal representative for the benefit of the decedent’s successors unless any of […]
700.3920 Apportionment of death taxes. Sec. 3920. (1) An estate, inheritance, or other death tax levied or assessed under the laws of this or another state, political subdivision, or country or under a United States revenue act concerning property included in the gross estate under the law, but excluding taxes for which sources of payment […]
