ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3401 Formal testacy proceedings; nature; commencement.
Sec. 3401.
(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. An interested person or a person that has a right or cause of action that cannot be enforced without administration may commence a formal testacy proceeding by filing 1 of the following:
(a) A petition described in section 3402(1) in which the petitioner requests that after notice and hearing, the court enter an order probating a will.
(b) A petition to set aside a will's informal probate or to prevent a will's informal probate that is the subject of a pending application.
(c) A petition in accordance with section 3402(2) for an order that the decedent died intestate.
(2) A petitioner may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(3) During the pendency of a formal testacy proceeding, the register shall not act upon an application for informal probate of a will of the decedent or an application for informal appointment of a personal representative of the decedent.
(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, after receipt of notice of the commencement of a formal probate proceeding, a previously appointed personal representative shall refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding may also request an order restraining the acting personal representative from exercising that office's powers and may request the appointment of a special personal representative. In the absence of a request under this subsection or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000
PopularName Notes:
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Notes of Decisions
in Re Donnelly Est. (Mich. Ct. App. 2017).
· cites it 2× “1105(c) as follows: “Interested person” or “person interested in an estate” includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or…”
in Re Donnelly Est. (Mich. Ct. App. 2017).
· cites it 2× “1105(c) as follows: “Interested person” or “person interested in an estate” includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or…”
in Re Michael Declerck (Mich. Ct. App. 2019).
“It instead involves the issuance of a protective order under MCL 700.3401(3), and, although the issuance of such an order can affect aspects of the Medicaid determination, it is nevertheless a separate proceeding under which the probate court has jurisdiction.”
in Re Patulski Est. (Mich. Ct. App. 2014).
“[1] Termination occurs upon 1 MCL 700.3401(4) provides as follows: Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, after receipt of notice of the commencement of a formal probate proceeding, a previously appointed…”
— Mich. Comp. Laws § 700.3401(1) — 2 cases
in Re Donnelly Est. (Mich. Ct. App. 2017).
“1105(c) as follows: “Interested person” or “person interested in an estate” includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or…”
in Re Donnelly Est. (Mich. Ct. App. 2017).
“1105(c) as follows: “Interested person” or “person interested in an estate” includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or…”
— Mich. Comp. Laws § 700.3401(3) — 1 case
in Re Michael Declerck (Mich. Ct. App. 2019).
“It instead involves the issuance of a protective order under MCL 700.3401(3), and, although the issuance of such an order can affect aspects of the Medicaid determination, it is nevertheless a separate proceeding under which the probate court has jurisdiction.”
— Mich. Comp. Laws § 700.3401(4) — 1 case
in Re Patulski Est. (Mich. Ct. App. 2014).
“[1] Termination occurs upon 1 MCL 700.3401(4) provides as follows: Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, after receipt of notice of the commencement of a formal probate proceeding, a previously appointed…”
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