Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.1103 (2026)

Definitions; "cost of living adjustment factor"; A to D.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.1103 Definitions; "cost of living adjustment factor"; A to D.

Sec. 1103.

    As used in this act:

    (a) "1997 cost-of-living adjustment factor" means a fraction, the numerator of which is the United States Consumer Price Index for the prior calendar year and the denominator of which is the United States Consumer Price Index for 1997. As used in this subdivision, "United States Consumer Price Index" means the annual average of the United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, and as certified by the state treasurer.

    (b) "2023 cost-of-living adjustment factor" means a fraction, the numerator of which is the United States Consumer Price Index for the prior calendar year and the denominator of which is the United States Consumer Price Index for 2023. As used in this subdivision, "United States Consumer Price Index" means the annual average of the United States Consumer Price Index for all urban consumers as defined and reported by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, and as certified by the state treasurer.

    (c) "Agent" includes, but is not limited to, an attorney-in-fact under a durable or nondurable power of attorney and an individual authorized to make decisions as a patient advocate concerning another's health care.

    (d) "Application" means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III.

    (e) "Attorney" means, if appointed to represent a child under the provisions referenced in section 5213, an attorney serving as the child's legal advocate in the manner defined and described in section 13a of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.13a.

    (f) "Beneficiary" includes, but is not limited to, the following:

    (i) In relation to a trust, a person that is a trust beneficiary as defined in section 7103.

    (ii) In relation to a charitable trust, a person that is entitled to enforce the trust.

    (iii) In relation to a beneficiary of a beneficiary designation, a person that is a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), of a pension, profit-sharing, retirement, or similar benefit plan, or of another nonprobate transfer at death.

    (iv) In relation to a beneficiary designated in a governing instrument, a person that is a grantee of a deed, devisee, trust beneficiary, beneficiary of a beneficiary designation, donee, appointee, taker in default of a power of appointment, or person in whose favor a power of attorney or power held in an individual, fiduciary, or representative capacity is exercised.

    (g) "Beneficiary designation" means the naming in a governing instrument of a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), of a pension, profit-sharing, retirement, or similar benefit plan, or of another nonprobate transfer at death.

    (h) "Child" includes, but is not limited to, an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved. Child does not include an individual who is only a stepchild, a foster child, or a grandchild or more remote descendant.

    (i) "Claim" includes, but is not limited to, in respect to a decedent's or protected individual's estate, a liability of the decedent or protected individual, whether arising in contract, tort, or otherwise, and a liability of the estate that arises at or after the decedent's death or after a conservator's appointment, including funeral and burial expenses and costs and expenses of administration. Claim does not include an estate or inheritance tax, or a demand or dispute regarding a decedent's or protected individual's title to specific property alleged to be included in the estate.

    (j) "Conservator" means a person appointed by a court to manage a protected individual's estate.

    (k) "Court" means the probate court or, when applicable, the family division of circuit court.

    (l) "Descendant" means, in relation to an individual, all of his or her descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this act.

    (m) "Devise" means, when used as a noun, a testamentary disposition of real or personal property and, when used as a verb, to dispose of real or personal property by will.

    (n) "Devisee" means a person designated in a will to receive a devise. For the purposes of article II, for a devise to a trustee of an existing trust or to a trustee under a will, the trustee is a devisee and a beneficiary is not.

    (o) "Disability" means cause for a protective order as described in section 5401.

    (p) "Distributee" means a person that receives a decedent's property from the decedent's personal representative or trust property from the trustee other than as a creditor or purchaser. A trustee of a trust created by will is a distributee only to the extent that distributed property or an increment of the distributed property remains in the trustee's hands. A beneficiary of a trust created by will to whom the trustee distributes property received from a personal representative is a distributee of the personal representative. For the purposes of this subdivision, "trustee of a trust created by will" includes a trustee to whom property is transferred by will to the extent of the devised property.

    (q) "Do-not-resuscitate order" means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1052.

    

    

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 ;-- Am. 2013, Act 157, Eff. Feb. 3, 2014 ;-- Am. 2024, Act 1, Imd. Eff. Feb. 21, 2024

PopularName Notes:

EPIC
Notes of Decisions
Cited in 32 cases (10 in the last 5 years), 2003–2026 · leading case: In Re Bennett Est., 662 N.W.2d 772 (Mich. Ct. App. 2003).
Sort: Relevance Newest Treatment
In Re Bennett Est., 662 N.W.2d 772 (Mich. Ct. App. 2003). · cites it 2× “MCL 700.1103(f). The specific, applicable language of MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018). · cites it 4× “" The term "beneficial interest" is defines as follows: "A right or expectancy in something (such as a trust or an estate), as opposed to legal title to that thing. For example, a person with a beneficial interest in a trust receives income from the trust but does not hold legal…”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “" 'Incapacitated individual' means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding…”
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “7103(Z)(i); see also MCL 700.1103(d)(i). As a beneficiary, and therefore an “interested person,” MCL 700.”
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014). “1401, and interested persons is defined to include a “child,” MCL 700.1105(c), and child is in turn defined as “an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). “" Under MCL 700.1103(d)(i), a beneficiary includes a "trust beneficiary," defined in MCL 700.”
In re Theodora Nickels Herbert Trust, 844 N.W.2d 163 (Mich. Ct. App. 2013). “” MCL 700.1103(m). Consequently, the first sentence of Article VI is inapplicable.”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). · cites it 3× “EPIC defines a “parent” as “an individual entitled to take, or who would have been entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question.” MCL 700.1106(i). If a decedent dies intestate and…”
In Re Turpening Est., 671 N.W.2d 567 (Mich. Ct. App. 2003). ““Child” is defined in MCL 700.1103(f) as including and “not limited to an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved.”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2018). · cites it 3× “” Under MCL 700.1103(d), a beneficiary includes a “trust beneficiary,” defined as a person with “a present or future beneficial interest in a trust, vested or contingent.”
Keith J Mitan v. Farmington Square Condo. Ass'n (Mich. Ct. App. 2021). · cites it 2× “” MCL 700.1103(j). Because the family division of circuit court has no relevance or applicability to this case, we speak only in terms of the probate court’s jurisdiction.”
Van Coillie v. Harrison (E.D. Mich. 2022). · cites it 2× “Mich. Comp. Laws §§ 700.1103 (j); 700.5301b(1); In re Guardianship of Pobanz, No.”
Show all 32 citing cases →
— Mich. Comp. Laws § 700.1103(d) — 2 cases
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017).
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2018). “” Under MCL 700.1103(d), a beneficiary includes a “trust beneficiary,” defined as a person with “a present or future beneficial interest in a trust, vested or contingent.”
— Mich. Comp. Laws § 700.1103(d)(i) — 3 cases
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “7103(Z)(i); see also MCL 700.1103(d)(i). As a beneficiary, and therefore an “interested person,” MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017). “" Under MCL 700.1103(d)(i), a beneficiary includes a "trust beneficiary," defined in MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018). “" The term "beneficial interest" is defines as follows: "A right or expectancy in something (such as a trust or an estate), as opposed to legal title to that thing. For example, a person with a beneficial interest in a trust receives income from the trust but does not hold legal…”
— Mich. Comp. Laws § 700.1103(d)(iv) — 1 case
In Re Conservatorship of Barbara a Greer (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 700.1103(e) — 2 cases
in Re Coats Est. (Mich. Ct. App. 2017).
in Re Coats Est. (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 700.1103(f) — 3 cases
In Re Bennett Est., 662 N.W.2d 772 (Mich. Ct. App. 2003). “MCL 700.1103(f). The specific, applicable language of MCL 700.”
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014). “1401, and interested persons is defined to include a “child,” MCL 700.1105(c), and child is in turn defined as “an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved.”
In Re Turpening Est., 671 N.W.2d 567 (Mich. Ct. App. 2003). ““Child” is defined in MCL 700.1103(f) as including and “not limited to an individual entitled to take as a child under this act by intestate succession from the parent whose relationship is involved.”
— Mich. Comp. Laws § 700.1103(g) — 1 case
in Re Easterly Est. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 700.1103(h) — 1 case
20250203_C367156_45_367156.Opn.Pdf (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 700.1103(j) — 5 cases
Keith J Mitan v. Farmington Square Condo. Ass'n (Mich. Ct. App. 2021). “” MCL 700.1103(j). Because the family division of circuit court has no relevance or applicability to this case, we speak only in terms of the probate court’s jurisdiction.”
David L Gavitt v. Est. of John E Devries (Mich. Ct. App. 2017).
Jcp Trust V Peter E O'Dovero (Mich. Ct. App. 2022).
20230221_C360862_42_360862.Opn.Pdf (Mich. Ct. App. 2023).
In Re Conservatorship of Dlw (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 700.1103(k) — 3 cases
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). “EPIC defines a “parent” as “an individual entitled to take, or who would have been entitled to take, as a parent under this act by intestate succession from a child who dies without a will and whose relationship is in question.” MCL 700.1106(i). If a decedent dies intestate and…”
in Re Koehler Est. (Mich. Ct. App. 2016).
Gary Olszewski v. Kathy J Erdman Trust (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 700.1103(l) — 2 cases
Angela M Neubert (Bankr. E.D. Mich. 2020).
in Re Guise Est. (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 700.1103(m) — 2 cases
In re Theodora Nickels Herbert Trust, 844 N.W.2d 163 (Mich. Ct. App. 2013). “” MCL 700.1103(m). Consequently, the first sentence of Article VI is inapplicable.”
In Re Nielsen Est. (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 700.1103(n) — 5 cases
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “" 'Incapacitated individual' means an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding…”
in Re Conservatorship of Stephen Michalak (Mich. Ct. App. 2016).
in Re Joseph Vansach Jr (Mich. Ct. App. 2018).
in Re Joseph Vansach Jr (Mich. Ct. App. 2018).
In Re Nielsen Est. (Mich. Ct. App. 2026).
— Mich. Comp. Laws § 700.1103(o) — 3 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018). “" The term "beneficial interest" is defines as follows: "A right or expectancy in something (such as a trust or an estate), as opposed to legal title to that thing. For example, a person with a beneficial interest in a trust receives income from the trust but does not hold legal…”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2018). “” Under MCL 700.1103(d), a beneficiary includes a “trust beneficiary,” defined as a person with “a present or future beneficial interest in a trust, vested or contingent.”
20221117_C359029_41_359029.Opn.Pdf (Mich. Ct. App. 2022).
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