ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3613 Successor personal representative.
Sec. 3613.
The appointment of a personal representative to succeed a personal representative whose appointment is terminated is governed by parts 3 and 4 of this article. After appointment and qualification, a successor personal representative must be substituted in all actions and proceedings in which the former personal representative was a party. A notice, process, or claim that was given or served upon the terminated personal representative need not be given to or served upon the successor personal representative in order to preserve a position or right the person that gave the notice or filed the claim may have obtained or preserved with reference to the former personal representative. Except as the court otherwise orders, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the appointment had not been terminated.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
Boodt v. Borgess Med. Ctr., 728 N.W.2d 471 (Mich. Ct. App. 2007).
· cites it 24× “We recognize that MCL 700.3613 states in relevant part, "After appointment and qualification, a successor personal representative must be substituted in all actions and proceedings in which the former personal representative was a party.”
Verbrugghe v. Select Specialty Hosp.-Macomb Cnty., Inc, 715 N.W.2d 72 (Mich. Ct. App. 2006).
“While this statute has procedural implications for the successor personal representative, it does not, as determined by the trial court, preclude her from initiating a separate action. MCL 700.3701 provides: A personal representative’s duties and powers commence upon appointment.”
Hartman v. Port Huron Hosp., 743 N.W.2d 212 (Mich. 2008).
“Clair Circuit Court to enter an order granting the motion to substitute the successor personal representative as *213 the plaintiff in this action, consistent with MCL 700.3613.”
Est. of Brian P Turner v. Christopher M Mohler Md (Mich. Ct. App. 2016).
“” MCL 700.3613. This case is more akin to the situation in McMiddleton, in which the original personal representative’s complaint was untimely filed and the caption of the complaint was later amended to reflect the appointment of the successor personal representative.”
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