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

Mich. Comp. Laws § 700.1308 (2026)

Breach of duty; remedies; order for accounting.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.1308 Breach of duty; remedies; order for accounting.

Sec. 1308.

    (1) A violation by a fiduciary of a duty the fiduciary owes to an heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary is a breach of duty. To remedy a breach of duty that has occurred or may occur, the court may do any of the following:

    (a) Compel the fiduciary to perform the fiduciary's duties.

    (b) Enjoin the fiduciary from committing a breach of duty.

    (c) Compel the fiduciary to redress a breach of duty by paying money, restoring property, or other means.

    (d) Order a fiduciary to account.

    (e) Appoint a special fiduciary to take possession of the estate's, ward's, protected individual's, or trust property and administer the property.

    (f) Suspend the fiduciary.

    (g) Remove the fiduciary as provided in this act.

    (h) For a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary.

    (i) Subject to other provisions of this act protecting persons dealing with a fiduciary, void an act of the fiduciary, impose a lien or a constructive trust on property, or trace property wrongfully disposed of and recover the property or its proceeds.

    (2) In response to an interested person's petition or on its own motion, the court may at any time order a fiduciary of an estate under its jurisdiction to file an accounting. After due hearing on the accounting, the court shall enter an order that agrees with the law and the facts of the case.

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

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Notes of Decisions
Cited in 28 cases (13 in the last 5 years), 2005–2026 · leading case: In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
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In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 6× “) MCL 700.1308(1) provides, in relevant part: "A fiduciary is liable for a loss to an estate that arises from .”
Kawecki Ex Rel. Marlowe v. Cnty. of MacOmb, 367 F. Supp. 2d 1137 (E.D. Mich. 2005). · cites it 4× “) Defendants, in contrast, point to the Michigan statutes that grant probate courts the authority to “[h]ear and decide a claim by or against a fiduciary or trustee for the return of property,” Mich. Comp. Laws § 700.1303 (l)(h), and to address a fiduciary’s “misfeasance,…”
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). “”); see also MCL 700.1308. 6 The absurd results rule “demonstrates a respect for the coequal Legislative Branch, which we assume would not act in an absurd way.”
Litzinger v. Est. of Litzinger (In Re Litzinger), 322 B.R. 108 (8th Cir. BAP 2005). “]” Mich. Comp. Laws § 700.1308 (same under the prior statute Mich.”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). · cites it 8× “Under MCL 700.1308, the probate court has authority to determine and remedy a conservator’s breaches of fiduciary duties.”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 4× “After learning of respondent’s application through his attorney, petitioner filed a petition to compel relief pursuant to MCL 700.1308, and for registration of the Trust, on January 12, 2015.”
in Re Poston Est. (Mich. Ct. App. 2017). · cites it 4× “After learning of respondent’s application through his attorney, petitioner filed a petition to compel relief pursuant to MCL 700.1308, and for registration of the Trust, on January 12, 2015.”
in Re McLaurin Est. (Mich. Ct. App. 2019). · cites it 4× “423 and MCL 700.1308. The former is the statute effectuating the penalty for perjury and is irrelevant to the issue on appeal.”
in Re Jacobson Est. (Mich. Ct. App. 2020). · cites it 4× “1308(2) authorizes the court to order the trustee to file accountings on the court’s own motion.”
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). · cites it 4× “See MCL 700.1308(1)(c), (h) (providing that the court may “[c]ompel the fiduciary to redress a breach of duty by paying money, restoring property, or other means,” or “[f]or a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary”).”
in Re Ward Est. (Mich. Ct. App. 2018). · cites it 3× “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Ward Est. (Mich. Ct. App. 2018). · cites it 3× “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
Show all 28 citing cases →
— Mich. Comp. Laws § 700.1308(1) — 7 cases
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). “) MCL 700.1308(1) provides, in relevant part: "A fiduciary is liable for a loss to an estate that arises from .”
in Re Ward Est. (Mich. Ct. App. 2018). “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Ward Est. (Mich. Ct. App. 2018). “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Jacobson Est. (Mich. Ct. App. 2020). “1308(2) authorizes the court to order the trustee to file accountings on the court’s own motion.”
In Re Conservatorship of Barbara a Greer (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 700.1308(1)(c) — 8 cases
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “Under MCL 700.1308, the probate court has authority to determine and remedy a conservator’s breaches of fiduciary duties.”
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “See MCL 700.1308(1)(c), (h) (providing that the court may “[c]ompel the fiduciary to redress a breach of duty by paying money, restoring property, or other means,” or “[f]or a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary”).”
in Re Hummer Est. (Mich. Ct. App. 2014).
in Re Ward Est. (Mich. Ct. App. 2018). “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Ward Est. (Mich. Ct. App. 2018). “1308(1) authorizes several remedies for such a breach, including removal of the fiduciary under subsection (g). MCL 700.3611(1) states that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
— Mich. Comp. Laws § 700.1308(1)(g) — 6 cases
In Re Conservatorship of Il (Mich. Ct. App. 2026).
in Re Poston Est. (Mich. Ct. App. 2017). “After learning of respondent’s application through his attorney, petitioner filed a petition to compel relief pursuant to MCL 700.1308, and for registration of the Trust, on January 12, 2015.”
in Re Poston Est. (Mich. Ct. App. 2017). “After learning of respondent’s application through his attorney, petitioner filed a petition to compel relief pursuant to MCL 700.1308, and for registration of the Trust, on January 12, 2015.”
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
in Re Pearl Franzel Irrevocable Trust (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 700.1308(1)(h) — 1 case
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “See MCL 700.1308(1)(c), (h) (providing that the court may “[c]ompel the fiduciary to redress a breach of duty by paying money, restoring property, or other means,” or “[f]or a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary”).”
— Mich. Comp. Laws § 700.1308(1)(i) — 2 cases
In Re Conservatorship of Ejs (Mich. Ct. App. 2026).
Jcp Trust V Peter E O'Dovero (Mich. Ct. App. 2022).
— Mich. Comp. Laws § 700.1308(2) — 3 cases
in Re Jacobson Est. (Mich. Ct. App. 2020). “1308(2) authorizes the court to order the trustee to file accountings on the court’s own motion.”
Patricia Sutter v. Thomas Brennan Fraser (Mich. Ct. App. 2014).
In Re Conservatorship of Bjh (Mich. Ct. App. 2025). “See MCL 700.1308(1)(c), (h) (providing that the court may “[c]ompel the fiduciary to redress a breach of duty by paying money, restoring property, or other means,” or “[f]or a fiduciary otherwise entitled to compensation, reduce or deny compensation to the fiduciary”).”
— Mich. Comp. Laws § 700.1308(h) — 1 case
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). “Under MCL 700.1308, the probate court has authority to determine and remedy a conservator’s breaches of fiduciary duties.”
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