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

Mich. Comp. Laws § 700.3703 (2026)

General duties; relation and liability to persons interested in estate; standing to sue; accounting.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3703 General duties; relation and liability to persons interested in estate; standing to sue; accounting.

Sec. 3703.

    (1) A personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by section 7803. A personal representative is under a duty to settle and distribute the decedent's estate in accordance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this act, the terms of the will, if any, and an order in a proceeding to which the personal representative is party for the best interests of claimants whose claims have been allowed and of successors to the estate.

    (2) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to the will's terms. Whether issued in an informal or formal proceeding, an order of appointment of a personal representative is authority to distribute apparently intestate property to the decedent's heirs if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the personal representative's duty to administer and distribute the estate in accordance with the rights of a claimant whose claim has been allowed, the surviving spouse, a minor or dependent child, or a pretermitted child of the decedent as described elsewhere in this act.

    (3) Except as to a proceeding that does not survive the decedent's death, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of another jurisdiction as the decedent had immediately prior to death.

    (4) The personal representative shall keep each presumptive distributee informed of the estate settlement. Until a beneficiary's share is fully distributed, the personal representative shall annually, and upon completion of the estate settlement, account to each beneficiary by supplying a statement of the activities of the estate and of the personal representative, specifying all receipts and disbursements and identifying property belonging to the estate.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

EPIC
Notes of Decisions
Cited in 53 cases (25 in the last 5 years), 2004–2026 · leading case: In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
Sort: Relevance Newest Treatment
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 14× “Shoaff alleged that Woods "failed to take control over and marshal assets of the Estate and Trust as required by MCL 700.3703, 3709 and 3710" and "[f]ailed to seize assets that were fraudulently conveyed by Woods' decedent .”
King v. Nash (In Re Est. of Erwin), 921 N.W.2d 308 (Mich. 2018). · cites it 2× “We subsequently granted Beatrice’s application for leave to appeal, limited to the two questions described earlier. 2 The personal representative’s duties include settling and distributing the decedent’s estate in accordance with EPIC, “as expeditiously and efficiently as is…”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). · cites it 2× “1104(e) and MCL 700.3703(1). A personal representative must “discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; [and] care and prudence in…”
In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016). “MCL 700.3703(1) provides: A personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL 700.”
In re Gorney Est., 314 Mich. App. 281 (Mich. Ct. App. 2016). · cites it 2× “See MCL 700.3703. The decedents had a right to coordinate their need for healthcare services with their desire to maintain their estates.”
Shenkman v. Bragman, 682 N.W.2d 516 (Mich. Ct. App. 2004). “, MCL 700.3703(1) (a personal representative is a fiduciary who must act to advance the best interests of the estate).”
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). “MCL 700.3703(1). “A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary.”
In re Marks, 595 B.R. 881 (Bankr. E.D. Mich. 2019). · cites it 2× “3103 (stating, in relevant part, that "[e]xcept as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a decedent's personal representative, a person must be appointed by the register or by court order, must qualify, and must be…”
Est. of Cyril George Arliss v. Darren Findling (Mich. Ct. App. 2023). · cites it 5× “1212(1) provides, in pertinent part: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary. A fiduciary shall observe the standard of care described in section…”
Peri Roanne Weingrad v. Constance Jones (Mich. Ct. App. 2019). · cites it 3× “”5 MCL 700.3703(1) expressly provides that a personal representative is a fiduciary: 5 MCL 700.”
in Re Ward Est. (Mich. Ct. App. 2018). · cites it 2× “” MCL 700.3703(1). This directive includes exercising the discretion to sell estate property and taking advantage of opportunities to do so—whether or not under the pressure of an urgent need for cash flow.”
in Re Ward Est. (Mich. Ct. App. 2018). · cites it 2× “” MCL 700.3703(1). This directive includes exercising the discretion to sell estate property and taking advantage of opportunities to do so—whether or not under the pressure of an urgent need for cash flow.”
Show all 53 citing cases →
— Mich. Comp. Laws § 700.3703(1) — 24 cases
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). “Shoaff alleged that Woods "failed to take control over and marshal assets of the Estate and Trust as required by MCL 700.3703, 3709 and 3710" and "[f]ailed to seize assets that were fraudulently conveyed by Woods' decedent .”
King v. Nash (In Re Est. of Erwin), 921 N.W.2d 308 (Mich. 2018). “We subsequently granted Beatrice’s application for leave to appeal, limited to the two questions described earlier. 2 The personal representative’s duties include settling and distributing the decedent’s estate in accordance with EPIC, “as expeditiously and efficiently as is…”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “1104(e) and MCL 700.3703(1). A personal representative must “discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; [and] care and prudence in…”
In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016). “MCL 700.3703(1) provides: A personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL 700.”
Shenkman v. Bragman, 682 N.W.2d 516 (Mich. Ct. App. 2004). “, MCL 700.3703(1) (a personal representative is a fiduciary who must act to advance the best interests of the estate).”
— Mich. Comp. Laws § 700.3703(2) — 5 cases
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). “Shoaff alleged that Woods "failed to take control over and marshal assets of the Estate and Trust as required by MCL 700.3703, 3709 and 3710" and "[f]ailed to seize assets that were fraudulently conveyed by Woods' decedent .”
in Re Ward Est. (Mich. Ct. App. 2018). “” MCL 700.3703(1). This directive includes exercising the discretion to sell estate property and taking advantage of opportunities to do so—whether or not under the pressure of an urgent need for cash flow.”
in Re Ward Est. (Mich. Ct. App. 2018). “” MCL 700.3703(1). This directive includes exercising the discretion to sell estate property and taking advantage of opportunities to do so—whether or not under the pressure of an urgent need for cash flow.”
in Re Stuart Est. (Mich. Ct. App. 2015).
in Re Easterly Est. (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 700.3703(3) — 9 cases
In re Gorney Est., 314 Mich. App. 281 (Mich. Ct. App. 2016). “See MCL 700.3703. The decedents had a right to coordinate their need for healthcare services with their desire to maintain their estates.”
Patricia Sutter v. Thomas Brennan Fraser (Mich. Ct. App. 2014).
in Re Rasmer Est. (Mich. Ct. App. 2016).
Est. of Joyce Patton v. Farmers Ins. Exch. (Mich. Ct. App. 2020).
In Re Howe Est. (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 700.3703(4) — 5 cases
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “1104(e) and MCL 700.3703(1). A personal representative must “discharge all of the duties and obligations of a confidential and fiduciary relationship, including the duties of undivided loyalty; impartiality between heirs, devisees, and beneficiaries; [and] care and prudence in…”
in Re Erwin Est. (Mich. Ct. App. 2016).
In Re Kapp Est. (Mich. Ct. App. 2022).
In Re Schuhmacher Est. (Mich. Ct. App. 2022).
Est. of Cyril George Arliss v. Darren Findling (Mich. Ct. App. 2023). “1212(1) provides, in pertinent part: A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, beneficiary, protected individual, or ward for whom the person is a fiduciary. A fiduciary shall observe the standard of care described in section…”
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