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

Mich. Comp. Laws § 700.2909 (2026)

Persons bound; effect of disclaimer.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.2909 Persons bound; effect of disclaimer.

Sec. 2909.

    (1) A disclaimer, or a written waiver of the right to disclaim, is binding upon the disclaimant or person waiving the right to disclaim, and all persons claiming through or under him or her.

    (2) A disclaimer acts as a nonacceptance of the disclaimed interest, rather than as a transfer of the disclaimed interest. The disclaimant is treated as never having received the disclaimed interest.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2025 · leading case: State Treasurer v. Snyder
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State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “Thus, the state’s right to seek reimbursement through a prisoner’s assets does not depend on whether the prisoner accepted or received the particular asset sought by the state — it need only be “due a prisoner.”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025). · cites it 3× “MCL 700.2909(2) provides that “[a] disclaimer acts as a nonacceptance of the disclaimed interest, rather than a transfer of the disclaimed interest[,]” and “[t]he disclaimant is treated as never having received the disclaimed -5- interest.”
— Mich. Comp. Laws § 700.2909(2) — 2 cases
State Treasurer v. Snyder, 823 N.W.2d 284 (Mich. Ct. App. 2011). “Thus, the state’s right to seek reimbursement through a prisoner’s assets does not depend on whether the prisoner accepted or received the particular asset sought by the state — it need only be “due a prisoner.”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025). “MCL 700.2909(2) provides that “[a] disclaimer acts as a nonacceptance of the disclaimed interest, rather than a transfer of the disclaimed interest[,]” and “[t]he disclaimant is treated as never having received the disclaimed -5- interest.”
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