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

Mich. Comp. Laws § 700.1309 (2026)

Appointment of special fiduciary or injunction.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.1309 Appointment of special fiduciary or injunction.

Sec. 1309.

    Upon reliable information received from an interested person, county or state official, or other informed source, including the court's files, the court may enter an order in a proceeding to do either or both of the following:

    (a) Appoint a special fiduciary to perform specified duties.

    (b) Enjoin a person subject to the court's jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate's or trust's property, or jeopardy to an interested person's interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.

History: 1998, Act 386, Eff. Apr. 1, 2000

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Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2005–2025 · leading case: Kawecki Ex Rel. Marlowe v. Cnty. of MacOmb, 367 F. Supp. 2d 1137 (E.D. Mich. 2005).
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Kawecki Ex Rel. Marlowe v. Cnty. of MacOmb, 367 F. Supp. 2d 1137 (E.D. Mich. 2005). · cites it 2× “Notably, even if the probate court had not appointed a special fiduciary, or even if this individual had not recommended further investigation and possible surcharge, Michigan law authorizes any "interested person" to seek court appointment of a special fiduciary, Mich. Comp.…”
20250122_C368031_43_368031.Opn.Pdf (Mich. Ct. App. 2025). · cites it 6× “Appellee’s counsel requested the appointment of a special fiduciary, pursuant to MCL 700.1309 and MCR 5.204, citing multiple reasons.”
In Re the Marvin Adell Childrens Funded Trust (Mich. Ct. App. 2022). · cites it 5× “1309 states: Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following: (a) Appoint a special fiduciary to…”
in Re Jacobson Est. (Mich. Ct. App. 2020). · cites it 3× “Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual.”
in Re Raymond E Vandamme Irrevocable Trust (Mich. Ct. App. 2021). · cites it 3× “204 additionally states: (A) The court may appoint a special fiduciary or enjoin a person subject to the court’s jurisdiction under MCL 700.1309 on its own initiative, on the notice it directs, or without notice in its discretion.”
In Re Hubbard Est. (Mich. Ct. App. 2023). · cites it 3× “In any event, these authorities do support the probate court’s assessment of attorney fees against Susan. MCL 700.1309 merely authorizes a court to “[a]ppoint a special fiduciary to perform specified duties” and to “[e]njoin a person subject to the court’s jurisdiction from…”
Nirenberg (E.D. Mich. 2025). · cites it 2× “Mich. Comp. Laws § 700.1309 , the special fiduciary statute, lacks any language showing that it is in any way limited by § 700.”
in Re Conservatorship of Shirley Bittner (Mich. Ct. App. 2018). “That being the situation, MCL 700.1309 and MCR 5.204 each provide the probate court discretion to appoint a special fiduciary for any number of purposes, but neither provide guidance regarding compensation.”
in Re Conservatorship of Shirley Bittner (Mich. Ct. App. 2018). “That being the situation, MCL 700.1309 and MCR 5.204 each provide the probate court discretion to appoint a special fiduciary for any number of purposes, but neither provide guidance regarding compensation.”
in Re Rhea Brody Living Trust (Mich. Ct. App. 2019). “See MCL 700.1309(b) (authorizing a probate court to “[e]njoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest.”
— Mich. Comp. Laws § 700.1309(a) — 1 case
in Re Raymond E Vandamme Irrevocable Trust (Mich. Ct. App. 2021). “204 additionally states: (A) The court may appoint a special fiduciary or enjoin a person subject to the court’s jurisdiction under MCL 700.1309 on its own initiative, on the notice it directs, or without notice in its discretion.”
— Mich. Comp. Laws § 700.1309(b) — 3 cases
in Re Jacobson Est. (Mich. Ct. App. 2020). “Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual.”
in Re Rhea Brody Living Trust (Mich. Ct. App. 2019). “See MCL 700.1309(b) (authorizing a probate court to “[e]njoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest.”
In Re the Marvin Adell Childrens Funded Trust (Mich. Ct. App. 2022). “1309 states: Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following: (a) Appoint a special fiduciary to…”
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