700.3601 Qualification; limitation and procedure with regard to specified assets. Sec. 3601. (1) Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. (2) In filing the statement of acceptance, the personal representative may exclude from […]
700.3602 Acceptance of appointment; consent to jurisdiction. Sec. 3602. By accepting appointment, a personal representative submits personally to the court’s jurisdiction in a proceeding relating to the estate that may be instituted by an interested person. The interested person instituting the proceeding must give notice of the proceeding to the personal representative by personal service […]
700.3603 Bond not required without court order; exceptions. Sec. 3603. (1) A bond is not required of a personal representative appointed in informal proceedings, except in any of the following circumstances: (a) A special personal representative is appointed. (b) The personal representative is appointed to administer an estate under a will containing an express requirement […]
700.3604 Bond amount; security; procedure; reduction. Sec. 3604. If bond is required and the provisions of the will or order do not specify the amount, unless stated in the person’s application or petition, a person qualifying shall file a statement under oath with the register indicating the person’s best estimate of the value of the […]
700.3605 Demand for bond by interested person. Sec. 3605. A person apparently having an interest in the estate worth in excess of $2,500.00 or a creditor having a claim against the estate in excess of $2,500.00 may make a written demand that a personal representative give bond. The demand must be filed with the register, […]
700.3606 Requirements and provisions of bonds. Sec. 3606. The following requirements and provisions apply to a bond required by this part: (a) A bond shall name the state of Michigan as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all […]
700.3607 Order restraining personal representative. Sec. 3607. (1) On petition of a person who appears to be an interested person or acting on the court’s own motion, the court, by temporary order, may restrain a personal representative from performing a specified act of administration, disbursement, or distribution, or from exercising a power or discharging a […]
700.3608 Termination of appointment generally. Sec. 3608. Termination of appointment of a personal representative occurs as provided in sections 3609 to 3612. Termination ends the right and power pertaining to the office of personal representative as conferred by this act or a will, except that a personal representative, at any time before distribution or until […]
700.3609 Termination of appointment; death or disability. Sec. 3609. The personal representative’s death or a conservator’s appointment for the personal representative’s estate terminates the appointment of that individual. Until appointment and qualification of a successor or special personal representative to replace the deceased or protected personal representative, the personal representative of the estate of the […]
700.3610 Termination of appointment; voluntary. Sec. 3610. (1) A personal representative’s appointment terminates 1 year after the filing of a closing statement as provided in section 3954. (2) A personal representative’s appointment terminates when the court enters an order closing an estate as provided in section 3952 or 3953. (3) After giving at least 14 […]
700.3611 Termination of appointment by removal; cause; procedure. Sec. 3611. (1) An interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. The petitioner shall give notice to the personal representative and to other persons […]
700.3612 Termination of appointment; change of testacy status. Sec. 3612. Except as otherwise ordered in formal proceedings, the probate of a will after the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will after […]
700.3613 Successor personal representative. Sec. 3613. The appointment of a personal representative to succeed a personal representative whose appointment is terminated is governed by parts 3 and 4 of this article. After appointment and qualification, a successor personal representative must be substituted in all actions and proceedings in which the former personal representative was a […]
700.3614 Special personal representative; appointment. Sec. 3614. A special personal representative may be appointed in any of the following circumstances: (a) Informally by the register on the application of an interested person if necessary to protect the estate of a decedent before the appointment of a general personal representative or if a prior appointment is […]
700.3615 Special personal representative; who may be appointed. Sec. 3615. (1) If a special personal representative is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed as the special personal representative, if […]
700.3616 Special personal representative; appointed informally; powers and duties. Sec. 3616. A special personal representative appointed by the register in informal proceedings as provided in section 3614 has the duty to collect and manage the estate property, to preserve and account for the property, and to deliver the property to the general personal representative upon […]
700.3617 Special personal representative; formal proceedings; power and duties. Sec. 3617. A special personal representative appointed by order of the court in a formal proceeding has a general personal representative’s power except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular […]
700.3618 Termination of appointment; special personal representative. Sec. 3618. A special personal representative’s appointment terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In any other case, a special personal representative’s appointment is subject to termination as provided in sections 3608 to 3612. History: […]
