ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3709 Duty of personal representative; possession of estate.
Sec. 3709.
Except as otherwise provided by a decedent's will or by this section, a personal representative has a right to, and if necessary for purposes of administration, shall take possession or control of, the decedent's property, except that real property or tangible personal property may be left with or surrendered to the person presumptively entitled to that property unless or until, in the personal representative's judgment, possession of the property will be necessary for purposes of administration. A personal representative's request for delivery of property possessed by an heir or devisee is conclusive evidence, in an action against the heir or devisee for possession of that property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of, or to determine the title to, property.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
Cited in
9
cases (
6 in the last 5 years), 2015–2026 · leading case:
In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016).
In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016).
“” MCL 700.3709 adds that the personal representative has the right to take possession or control of the decedent’s property if necessary for the purposes of administration of the estate.”
In Re Harris Est. (Mich. Ct. App. 2023).
· cites it 2× “” MCL 700.3709. As discussed earlier, neither Willie or Christopher were presumptively entitled to the house under the terms of the will, nor did Rodgers leave or surrender the home to her brothers.”
in Re Fletcher Est. (Mich. Ct. App. 2016).
“” MCL 700.3709 adds that the personal representative has the right to take possession or control of the decedent’s property if necessary for the purposes of administration of the estate.”
Keith J Mitan v. Farmington Square Condo. Ass'n (Mich. Ct. App. 2021).
“The court ruled that plaintiff could not represent the estate in propria persona and that plaintiff’s use of his role as personal representative to unilaterally assign the estate’s claims to himself violated MCL 700.3709. Accordingly, the trial court held that the assignments…”
in Re Lewerenz Est. (Mich. Ct. App. 2021).
“According to MCL 700.3709, “a personal representative has a right to, and if necessary for purposes of administration, shall take possession or control of, the decedent’s property,” and “shall .”
In Re Burgeson Est. (Mich. Ct. App. 2022).
“” MCL 700.3709; In re Kramek Estate, 268 Mich App at 575 .”
Keith J Mitan v. Farmington Square Condo. Ass'n (Mich. Ct. App. 2024).
“The court ruled that plaintiff could not represent the estate in propria persona and that plaintiff’s use of his role as personal representative to unilaterally assign the estate’s claims to himself violated MCL 700.3709. Accordingly, the trial court held that the assignments…”
In Re Mata Est. (Mich. Ct. App. 2026).
“take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative’s possession,” MCL 700.3709, and “shall proceed expeditiously with the settlement and distribution of a decedent’s estate,” MCL 700.”
in Re Stuart Est. (Mich. Ct. App. 2015).
“” MCL 700.3709. Appellee testified that shortly after the probate court issued its 2008 judgment pursuant to case evaluation, she obtained an appraisal for the decedent’s home that valued the land at $82,000 as a residential property and $165,000 as a commercial property.”
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