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

Mich. Comp. Laws § 700.1107 (2026)

Definitions; R to T.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.1107 Definitions; R to T.

Sec. 1107.

    As used in this act:

    (a) "Register" or "probate register" means the official of the court designated to perform the functions of register as provided in section 1304.

    (b) "Revised judicature act of 1961" means the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

    (c) "Security" includes, but is not limited to, a note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or interest in a regulated investment company or other entity generally referred to as a mutual fund or, in general, an interest or instrument commonly known as a security, or a certificate of interest or participation for, a temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the items listed in this subdivision.

    (d) "Settlement" means, in reference to a decedent's estate, the full process of administration, distribution, and closing.

    (e) "Special personal representative" means a personal representative as described by sections 3614 to 3618.

    (f) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.

    (g) "Successor" means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act.

    (h) "Successor personal representative" means a personal representative, other than a special personal representative, who is appointed to succeed a previously appointed personal representative.

    (i) "Supervised administration" means the proceedings described in part 5 of article III.

    (j) "Survive" means that an individual neither predeceases an event, including the death of another individual, nor is considered to predecease an event under section 2104 or 2702.

    (k) "Terms of a trust" or "terms of the trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

    (l) "Testacy proceeding" means a proceeding to establish a will or determine intestacy.

    (m) "Testator" includes an individual of either gender.

    (n) "Trust" includes, but is not limited to, an express trust, private or charitable, with additions to the trust, wherever and however created. Trust includes, but is not limited to, a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. Trust does not include a constructive trust or a resulting trust, conservatorship, personal representative, custodial arrangement under the Michigan uniform transfers to minors act, 1998 PA 433, MCL 554.521 to 554.552, business trust providing for a certificate to be issued to a beneficiary, common trust fund, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, or another arrangement under which a person is a nominee or escrowee for another.

    (o) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by the court.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

EPIC
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2008–2024 · leading case: in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012).
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in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). · cites it 4× “2101(1), provides that “[a]ny part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this act .”
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “313 specifically exclude other fiduciaries, stating that the rule was “amended to limit its applicability to attorneys representing personal representatives” and reflects changes in terminology and *130 practice caused by the adoption of EPIC. Also, MCR 5.”
in Re Doreen Seklar (Mich. Ct. App. 2017). “1104(e), and defines a trustee a “successor trustee, whether or not appointed or confirmed by the court,” MCL 700.1107(o). Second, the March 14, 2014, Durable Power of Attorney named Hartman Doreen’s Attorney-in-Fact.”
in Re Doreen Seklar (Mich. Ct. App. 2017). “1104(e), and defines a trustee a “successor trustee, whether or not appointed or confirmed by the court,” MCL 700.1107(o). Second, the March 14, 2014, Durable Power of Attorney named Hartman Doreen’s Attorney-in-Fact.”
David L Gavitt v. Est. of John E Devries (Mich. Ct. App. 2017). “” MCL 700.1107(d). We have carefully scrutinized MCL 700.”
in Re Lewerenz Est. (Mich. Ct. App. 2021). “” MCL 700.1107(d). Further, MCL 700.1303(1)(i) grants the probate court concurrent jurisdiction to “[h]ear and decide a contract proceeding or action by or against an estate, trust, or ward.”
P in Re E Earl Lyden Trust (Mich. Ct. App. 2024). “” MCL 700.1107(o). Denice was named as a successor trustee for nearly 20 years under the Trust, up until the execution of the 2020 Trust, the legal validity of which she challenged.”
Robert C Ohlman Prot. Trust v. Dep't of Treasury (Mich. Ct. App. 2015). “And MCL 700.1107(n) defines a “trust” as including “an express trust, private or charitable.”
Adams, 2010 T.C. Memo. 72 (1970). “Express trusts may be created to sell, mortgage, or lease lands; to receive the rents and profits of lands and apply them to the use of any person, during the life of the person, or for any shorter term subject to the rules prescribed in Mich.”
— Mich. Comp. Laws § 700.1107(d) — 2 cases
David L Gavitt v. Est. of John E Devries (Mich. Ct. App. 2017). “” MCL 700.1107(d). We have carefully scrutinized MCL 700.”
in Re Lewerenz Est. (Mich. Ct. App. 2021). “” MCL 700.1107(d). Further, MCL 700.1303(1)(i) grants the probate court concurrent jurisdiction to “[h]ear and decide a contract proceeding or action by or against an estate, trust, or ward.”
— Mich. Comp. Laws § 700.1107(j) — 1 case
in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). “2101(1), provides that “[a]ny part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this act .”
— Mich. Comp. Laws § 700.1107(m) — 1 case
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). “313 specifically exclude other fiduciaries, stating that the rule was “amended to limit its applicability to attorneys representing personal representatives” and reflects changes in terminology and *130 practice caused by the adoption of EPIC. Also, MCR 5.”
— Mich. Comp. Laws § 700.1107(n) — 1 case
Robert C Ohlman Prot. Trust v. Dep't of Treasury (Mich. Ct. App. 2015). “And MCL 700.1107(n) defines a “trust” as including “an express trust, private or charitable.”
— Mich. Comp. Laws § 700.1107(o) — 3 cases
in Re Doreen Seklar (Mich. Ct. App. 2017). “1104(e), and defines a trustee a “successor trustee, whether or not appointed or confirmed by the court,” MCL 700.1107(o). Second, the March 14, 2014, Durable Power of Attorney named Hartman Doreen’s Attorney-in-Fact.”
in Re Doreen Seklar (Mich. Ct. App. 2017). “1104(e), and defines a trustee a “successor trustee, whether or not appointed or confirmed by the court,” MCL 700.1107(o). Second, the March 14, 2014, Durable Power of Attorney named Hartman Doreen’s Attorney-in-Fact.”
P in Re E Earl Lyden Trust (Mich. Ct. App. 2024). “” MCL 700.1107(o). Denice was named as a successor trustee for nearly 20 years under the Trust, up until the execution of the 2020 Trust, the legal validity of which she challenged.”
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