ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.1401 Notice; method and time of giving.
Sec. 1401.
(1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and place of the hearing on the petition to be given to each interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Unless otherwise provided by supreme court rule, notice must be given by 1 of the following methods:
(a) Mailing a copy at least 14 days before the time set for the hearing by certified, registered, or first-class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known.
(b) Delivering a copy to the person being notified personally at least 7 days before the time set for the hearing.
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, publishing once a copy in a newspaper having general circulation in the county where the hearing is to be held at least 14 days before the time set for the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for a hearing.
(3) Proof that notice was given must be made at or before the hearing and filed in the proceeding.
(4) If a person entitled to notice under section 3306, 3310, 3403, 3414, 3705, or 5426 is a resident in and a citizen of a foreign country, the person required to give notice must notify the consul of the foreign nation in the city of New York or of the district having jurisdiction, or the consul, vice-consul, or consular agent resident in this state, if there is one, of the matters and with the particulars described in the relevant section of this act.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2014–2022 · leading case:
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014).
In re Casey Est., 856 N.W.2d 556 (Mich. Ct. App. 2014).
“Specifically, notice must be given to all interested persons, MCL 700.1401, and interested persons is defined to include a “child,” MCL 700.”
in Re Wendell Kratzer Revocable Trust (Mich. Ct. App. 2019).
· cites it 6× “7208, which refers to MCL 700.1401. Respondent had not requested that notice be served on Bappert, so he asserted that the proceeding was not properly initiated.”
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016).
· cites it 2× “7203] is initiated by filing a petition in the court and giving notice to interested persons as provided in [MCL 700.1401]. The court may order notification of additional persons.”
In Re Guardianship of Lucas Moreales Velasquez (Mich. Ct. App. 2022).
“MCL 700.1401(1) generally governs the notice requirements under EPIC, which provides: (1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and…”
— Mich. Comp. Laws § 700.1401(1) — 3 cases
in Re Rayola a Banfield Revocable Trust (Mich. Ct. App. 2016).
“7203] is initiated by filing a petition in the court and giving notice to interested persons as provided in [MCL 700.1401]. The court may order notification of additional persons.”
in Re Wendell Kratzer Revocable Trust (Mich. Ct. App. 2019).
“7208, which refers to MCL 700.1401. Respondent had not requested that notice be served on Bappert, so he asserted that the proceeding was not properly initiated.”
In Re Guardianship of Lucas Moreales Velasquez (Mich. Ct. App. 2022).
“MCL 700.1401(1) generally governs the notice requirements under EPIC, which provides: (1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and…”
— Mich. Comp. Laws § 700.1401(1)(a) — 1 case
in Re Wendell Kratzer Revocable Trust (Mich. Ct. App. 2019).
“7208, which refers to MCL 700.1401. Respondent had not requested that notice be served on Bappert, so he asserted that the proceeding was not properly initiated.”
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