ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3101 Devolution of estate at death; restrictions.
Sec. 3101.
An individual's power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the prompt settlement of estates. Upon an individual's death, the decedent's property devolves to the persons to whom the property is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, or other circumstances affecting devolution of a testate estate, or in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving disclaimer or other circumstances affecting devolution of an intestate estate, subject to homestead allowance, family allowance, and exempt property, to rights of creditors, to the surviving spouse's elective share, and to administration.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
25
cases (
13 in the last 5 years), 2011–2026 · leading case:
in Re Jajuga Est., 881 N.W.2d 487 (Mich. Ct. App. 2015).
in Re Jajuga Est., 881 N.W.2d 487 (Mich. Ct. App. 2015).
· cites it 8× “However, it is important to recognize that MCL 700.3101 provides: An individual’s power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the…”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
“The purposes of EPIC include “[t]o discover and make effective a decedent’s intent in distribution of the decedent’s property” and “[t]o promote a speedy and efficient system for liquidating a decedent’s estate and making distribution to the decedent’s successors.”
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
“That interpretation is also consistent with the language of Mich. Comp. Laws § 700.3101 , which is virtually identical to N.”
In re Gorney Est., 314 Mich. App. 281 (Mich. Ct. App. 2016).
“And MCL 700.3101 restricts and limits an individual’s power to divest his or her property by will by requiring the estate to settle the rights of creditors first.”
in Re Mangles Est. (Mich. Ct. App. 2017).
· cites it 3× “MCL 700.3101 further states the basic rule that “[u]pon an individual’s death, the decedent’s property devolves to the persons to whom the property is devised by the decedent’s last will.”
in Re Mangles Est. (Mich. Ct. App. 2017).
· cites it 3× “MCL 700.3101 further states the basic rule that “[u]pon an individual’s death, the decedent’s property devolves to the persons to whom the property is devised by the decedent’s last will.”
State v. Bruederle, 2012 ND 26 (N.D. 2012).
“That interpretation is also consistent with the language of Mich. Comp. Laws § 700.3101 , which is virtually identical to N.”
in Re Guise Est. (Mich. Ct. App. 2019).
· cites it 2× “3 Article III of the Estates and Protected Individuals Code (EPIC), MCL 700.3101 et seq., governs probate of wills and estate administration.”
Ohla Young v. Lisa Marie Kashat (Mich. Ct. App. 2026).
· cites it 2× “3101 states, in relevant part: Upon an individual’s death, the decedent’s property devolves to the persons to whom the property is devised by the decedent’s last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, or other circumstances…”
in Re Warner Est. (Mich. Ct. App. 2015).
· cites it 3× “MCL 700.3101; In re Jajuga Estate, ___ Mich App ___, ___; ___ NW2d ___ (2015); slip op at 5.”
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