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

Mich. Comp. Laws § 700.3407 (2026)

Formal testacy proceedings; burdens in contested cases.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3407 Formal testacy proceedings; burdens in contested cases.

Sec. 3407.

    (1) All of the following apply in a contested case:

    (a) A petitioner who seeks to establish intestacy has the burden of establishing prima facie proof of death, venue, and heirship.

    (b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of death and venue.

    (c) A contestant of a will has the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.

    (d) A party has the ultimate burden of persuasion as to a matter with respect to which the party has the initial burden of proof.

    (2) If a will is opposed by a petition for probate of a later will revoking the former, the court shall first determine whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, the court shall first determine whether the will is entitled to probate.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 2012–2025 · leading case: Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018).
Sort: Relevance Newest Treatment
Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018). · cites it 11× “It cites the EPIC Reporter's Commentary to support the proposition that MCL 700.3407 merely restated the law of burdens of proof, presumptions and all, so that any change to the Powers presumption risks contravening the statute.”
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). · cites it 6× “MCL 700.3407(1)(c), (d). To establish undue influence it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency, and impel the grantor to act against…”
in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). · cites it 2× “(d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will. The right to contest a will is statutory and “[a] contestant of a will has the burden of establishing lack of testamentary intent or…”
Guardianship & Alternatives, Inc. v. Jones (In re Horton), 925 N.W.2d 207 (Mich. Ct. App. 2018). “" MCL 700.3407(1)(b). Generally, to be *211 valid, a will must be executed in compliance with MCL 700.”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). · cites it 3× “Accordingly, I would place the burden to establish heirship on Umble, and I believe the proper analysis of this case is as follows: In 1931, Carl Cedric Umble, the paternal grandfather of decedent, Kenneth James Koehler, died in a knife-fight that began when he punched a man for…”
Est. of Cyril George Arliss v. Darren Findling (Mich. Ct. App. 2023). · cites it 3× “-4- Under MCL 700.3407(1)(b), the proponent of the will “has the burden of establishing prima facie proof of due execution.”
in Re Mortimore Est. (Mich. 2012). · cites it 5× “Moreover, Kar was decided before the enactment of MRE 301 and MCL 700.3407,14 and its statements regarding the quantum of proof necessary to rebut a presumption of undue influence are inherently inconsistent with MRE 301 and MCL 700.”
in Re Span Est. (Mich. Ct. App. 2016). · cites it 2× “MCL 700.3407(1). The presence of an attestation clause in a will “gives rise to a presumption that the will was executed in conformity with the recitations in the clause.”
in Re Groshon Est. & Trust (Mich. Ct. App. 2017). · cites it 2× “Under MCL 700.3407(1)(c), “[a] contestant of a will has the burden of establishing .”
in Re Groshon Est. & Trust (Mich. Ct. App. 2017). · cites it 2× “Under MCL 700.3407(1)(c), “[a] contestant of a will has the burden of establishing .”
in Re Warner Est. (Mich. Ct. App. 2018). · cites it 2× “] MCL 700.3407 provides, in pertinent part, as follows: (1) All of the following apply in a contested case: (b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of…”
in Re Warner Est. (Mich. Ct. App. 2018). · cites it 2× “] MCL 700.3407 provides, in pertinent part, as follows: (1) All of the following apply in a contested case: (b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of…”
Show all 35 citing cases →
— Mich. Comp. Laws § 700.3407(1) — 3 cases
Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018). “It cites the EPIC Reporter's Commentary to support the proposition that MCL 700.3407 merely restated the law of burdens of proof, presumptions and all, so that any change to the Powers presumption risks contravening the statute.”
in Re Span Est. (Mich. Ct. App. 2016). “MCL 700.3407(1). The presence of an attestation clause in a will “gives rise to a presumption that the will was executed in conformity with the recitations in the clause.”
in Re Mortimore Est. (Mich. 2012). “Moreover, Kar was decided before the enactment of MRE 301 and MCL 700.3407,14 and its statements regarding the quantum of proof necessary to rebut a presumption of undue influence are inherently inconsistent with MRE 301 and MCL 700.”
— Mich. Comp. Laws § 700.3407(1)(b) — 10 cases
Guardianship & Alternatives, Inc. v. Jones (In re Horton), 925 N.W.2d 207 (Mich. Ct. App. 2018). “" MCL 700.3407(1)(b). Generally, to be *211 valid, a will must be executed in compliance with MCL 700.”
Est. of Cyril George Arliss v. Darren Findling (Mich. Ct. App. 2023). “-4- Under MCL 700.3407(1)(b), the proponent of the will “has the burden of establishing prima facie proof of due execution.”
20250218_C367800_40_367800.Opn.Pdf (Mich. Ct. App. 2025).
in Re Warner Est. (Mich. Ct. App. 2018). “] MCL 700.3407 provides, in pertinent part, as follows: (1) All of the following apply in a contested case: (b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of…”
in Re Warner Est. (Mich. Ct. App. 2018). “] MCL 700.3407 provides, in pertinent part, as follows: (1) All of the following apply in a contested case: (b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of…”
— Mich. Comp. Laws § 700.3407(1)(c) — 23 cases
Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018). “It cites the EPIC Reporter's Commentary to support the proposition that MCL 700.3407 merely restated the law of burdens of proof, presumptions and all, so that any change to the Powers presumption risks contravening the statute.”
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “MCL 700.3407(1)(c), (d). To establish undue influence it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency, and impel the grantor to act against…”
in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). “(d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will. The right to contest a will is statutory and “[a] contestant of a will has the burden of establishing lack of testamentary intent or…”
in Re Groshon Est. & Trust (Mich. Ct. App. 2017). “Under MCL 700.3407(1)(c), “[a] contestant of a will has the burden of establishing .”
in Re Groshon Est. & Trust (Mich. Ct. App. 2017). “Under MCL 700.3407(1)(c), “[a] contestant of a will has the burden of establishing .”
— Mich. Comp. Laws § 700.3407(1)(d) — 2 cases
Papazian v. Goldberg (In Re Mardigian Est.), 917 N.W.2d 325 (Mich. 2018). “It cites the EPIC Reporter's Commentary to support the proposition that MCL 700.3407 merely restated the law of burdens of proof, presumptions and all, so that any change to the Powers presumption risks contravening the statute.”
20241114_C369865_46_369865.Opn.Pdf (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 700.3407(c) — 1 case
in Re Mortimore Est. (Mich. 2012). “Moreover, Kar was decided before the enactment of MRE 301 and MCL 700.3407,14 and its statements regarding the quantum of proof necessary to rebut a presumption of undue influence are inherently inconsistent with MRE 301 and MCL 700.”
— Mich. Comp. Laws § 700.3407(l)(a) — 1 case
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). “Accordingly, I would place the burden to establish heirship on Umble, and I believe the proper analysis of this case is as follows: In 1931, Carl Cedric Umble, the paternal grandfather of decedent, Kenneth James Koehler, died in a knife-fight that began when he punched a man for…”
— Mich. Comp. Laws § 700.3407(l)(c) — 2 cases
in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “MCL 700.3407(1)(c), (d). To establish undue influence it must be shown that the grantor was subjected to threats, misrepresentation, undue flattery, fraud, or physical or moral coercion sufficient to overpower volition, destroy free agency, and impel the grantor to act against…”
in Re Mardigian Est., 879 N.W.2d 313 (Mich. Ct. App. 2015). “(d) The individual has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will. The right to contest a will is statutory and “[a] contestant of a will has the burden of establishing lack of testamentary intent or…”
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