ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.1302 Exclusive subject matter jurisdiction.
Sec. 1302.
The court has exclusive legal and equitable jurisdiction of all of the following:
(a) A matter that relates to the settlement of a deceased individual's estate, whether testate or intestate, who was at the time of death domiciled in the county or was at the time of death domiciled out of state leaving an estate within the county to be administered, including, but not limited to, all of the following proceedings:
(i) The internal affairs of the estate.
(ii) Estate administration, settlement, and distribution.
(iii) Declaration of rights that involve an estate, devisee, heir, or fiduciary.
(iv) Construction of a will.
(v) Determination of heirs.
(vi) Determination of death of an accident or disaster victim under section 1208.
(b) A proceeding that concerns the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a trust; or the declaration of rights that involve a trust, trustee, or trust beneficiary, including, but not limited to, proceedings to do all of the following:
(i) Appoint or remove a trustee.
(ii) Review the fees of a trustee.
(iii) Require, hear, and settle interim or final accounts.
(iv) Ascertain beneficiaries.
(v) Determine a question that arises in the administration or distribution of a trust, including a question of construction of a will or trust.
(vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right.
(vii) Release registration of a trust.
(viii) Determine an action or proceeding that involves settlement of an irrevocable trust.
(c) Except as otherwise provided in section 1021 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1021, a proceeding that concerns a guardianship, conservatorship, or protective proceeding.
(d) A proceeding to require, hear, or settle the accounts of a fiduciary and to order, upon request of an interested person, instructions or directions to a fiduciary that concern an estate within the court's jurisdiction.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
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Notes of Decisions
In Re Nestorovski Estate (2009)
michctapp · cites it 4×
“Respondent next challenges the arbitrator's ruling as violative of MCL 700.1302, pursuant to which the probate court possesses exclusive jurisdiction over *726 estate-related disputes.”
Brody v. Deutchman (In Re Rhea Brody Living Trust) (2017)
michctapp · cites it 4×
“1302 grants the probate court "exclusive legal and equitable jurisdiction" over matters concerning "the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a trust; or the declaration of rights that…”
In re Bibi Guardianship (2016)
michctapp
“26b(l) and (5) (granting guardians standing to bring custody actions and providing that the probate judge who appointed the guardian should act as the circuit judge for such child custody actions).”
In re Leete Estate (2010)
michctapp · cites it 2×
“’” MCL 700.1302; Nestorovski, 283 Mich App at 189 .”
Papazian v. Goldberg (In Re Mardigian Estate) (2018)
mich
“While a rebuttable presumption might have been a sufficient equitable remedy in a different era, changes in the law and our ethics code make it not much protection at all today.”
In re Beatrice Rottenberg Living Trust (2013)
michctapp
“1302(b) provides, in relevant part, that the probate court has exclusive legal and equitable jurisdiction over “[a] proceeding that concerns the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a…”
Empson-Laviolette v. Crago (2008)
michctapp
“2 We recognize that the guardianship proceedings were before the probate court, see MCL 700.1302(c), which provides that a probate court has exclusive jurisdiction over guardianship proceedings, and that the subsequent custody proceedings were before the circuit court.”
In Re SHIELDS ESTATE (2003)
michctapp
“1303(3) that the purpose of the statute was to simplify the disposition of actions involving estates.”
In Re Lager Estate (2009)
michctapp · cites it 3×
“MCL 700.1302 provides, in relevant part: The court has exclusive legal and equitable jurisdiction of all of the following: (a) A matter that relates to the settlement of a deceased individual’s estate, whether testate or intestate, who was at the time of death domiciled in the…”
— Mich. Comp. Laws § 700.1302(a) — 14 cases
In Re Nestorovski Estate (2009)
michctapp
“Respondent next challenges the arbitrator's ruling as violative of MCL 700.1302, pursuant to which the probate court possesses exclusive jurisdiction over *726 estate-related disputes.”
In Re Lager Estate (2009)
michctapp
“MCL 700.1302 provides, in relevant part: The court has exclusive legal and equitable jurisdiction of all of the following: (a) A matter that relates to the settlement of a deceased individual’s estate, whether testate or intestate, who was at the time of death domiciled in the…”
— Mich. Comp. Laws § 700.1302(a)(1) — 1 case
— Mich. Comp. Laws § 700.1302(a)(i) — 2 cases
— Mich. Comp. Laws § 700.1302(a)(ii) — 6 cases
— Mich. Comp. Laws § 700.1302(a)(iii) — 1 case
— Mich. Comp. Laws § 700.1302(b) — 16 cases
In re Beatrice Rottenberg Living Trust (2013)
michctapp
“1302(b) provides, in relevant part, that the probate court has exclusive legal and equitable jurisdiction over “[a] proceeding that concerns the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a…”
— Mich. Comp. Laws § 700.1302(b)(i) — 1 case
— Mich. Comp. Laws § 700.1302(b)(iii) — 1 case
— Mich. Comp. Laws § 700.1302(b)(iv) — 2 cases
— Mich. Comp. Laws § 700.1302(b)(v) — 10 cases
— Mich. Comp. Laws § 700.1302(b)(vi) — 4 cases
— Mich. Comp. Laws § 700.1302(b)(viii) — 1 case
— Mich. Comp. Laws § 700.1302(c) — 14 cases
In re Bibi Guardianship (2016)
michctapp
“26b(l) and (5) (granting guardians standing to bring custody actions and providing that the probate judge who appointed the guardian should act as the circuit judge for such child custody actions).”
Empson-Laviolette v. Crago (2008)
michctapp
“2 We recognize that the guardianship proceedings were before the probate court, see MCL 700.1302(c), which provides that a probate court has exclusive jurisdiction over guardianship proceedings, and that the subsequent custody proceedings were before the circuit court.”
— Mich. Comp. Laws § 700.1302(d) — 7 cases
In Re SHIELDS ESTATE (2003)
michctapp
“1303(3) that the purpose of the statute was to simplify the disposition of actions involving estates.”
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