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

Mich. Comp. Laws § 700.3704 (2026)

Personal representative to proceed without court order; exception.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3704 Personal representative to proceed without court order; exception.

Sec. 3704.

    A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court. However, the personal representative may invoke the court's jurisdiction in a proceeding authorized by this act to resolve a question concerning the estate or its administration.

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

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Notes of Decisions
Cited in 7 cases (5 in the last 5 years), 2019–2026 · leading case: in Re McLaurin Est. (Mich. Ct. App. 2019).
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in Re McLaurin Est. (Mich. Ct. App. 2019). · cites it 4× “” MCL 700.3704. Generally, the personal representative shall settle a decedent’s estate without adjudication, order, or direction of the court; “[h]owever, the personal representative may invoke the court’s jurisdiction in a proceeding authorized by this act to resolve a…”
in Re Basso Est. (Mich. Ct. App. 2019). “See MCL 700.3704 (“A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate .”
In Re Howe Est. (Mich. Ct. App. 2023). “” MCL 700.3704. The probate court’s decision requiring Thomas to pay the expense of further investigating a medical-malpractice claim, subject to being reimbursed from any wrongful death recovery if a claim was found to be meritorious, was a reasonable approach for balancing the…”
Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). “MCL 700.3704. “Until termination of the appointment, a personal representative has the same power over the title to estate property that an absolute owner would have, in trust, however, for the benefit of creditors or others interested in the estate.”
Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). “MCL 700.3704. “Until termination of the appointment, a personal representative has the same power over the title to estate property that an absolute owner would have, in trust, however, for the benefit of creditors or others interested in the estate.”
In Re Harris Est. (Mich. Ct. App. 2023). “” MCL 700.3704. In this case, Rodgers did not proceed expeditiously and efficiently with respect to the settlement and distribution of the estate.”
In Re Mata Est. (Mich. Ct. App. 2026). “3709, and “shall proceed expeditiously with the settlement and distribution of a decedent’s estate,” MCL 700.3704. In general, a personal representative shall proceed with such settlement and distribution “without adjudication, order, or direction of the court,” but “the 2…”
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