Michigan Compiled Laws

Mich. Comp. Laws § 700.3711 (2026)

Powers of personal representatives generally.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3711 Powers of personal representatives generally.

Sec. 3711.

    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. This power may be exercised without notice, hearing, or court order.

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

PopularName Notes:

EPIC
Notes of Decisions
Cited in 12 cases (7 in the last 5 years), 2005–2024 · leading case: In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 2× “MCL 700.3711. Woods has failed to properly investigate and collect assets for the benefit of creditors.”
In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016). “MCL 700.3711 clarifies, “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.”
Litzinger v. Est. of Litzinger (In Re Litzinger), 322 B.R. 108 (8th Cir. BAP 2005). “While the personal representative is entitled to exercise 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,” Mich. Comp. Laws § 700.3711 , “tangible personal…”
D Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). · cites it 5× “The majority appears to rely on MCL 700.3711 to conclude that plaintiff had privity of interest with the Estate.”
D Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). · cites it 5× “The majority appears to rely on MCL 700.3711 to conclude that plaintiff had privity of interest with the Estate.”
Peri Roanne Weingrad v. Constance Jones (Mich. Ct. App. 2019). · cites it 2× “3703(1); MCL 700.3711. Absent an allegation that defendant had an ulterior purpose, i.”
in Re Lewerenz Est. (Mich. Ct. App. 2021). · cites it 2× “” MCL 700.3711. 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 .”
Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). · cites it 2× “” MCL 700.3711. Accordingly, plaintiff, as the personal representative, had the same power to act over the estate property as the deceased owner, his late father, but willfully chose not to file the action in the representative capacity.”
Keith J Mitan v. Michael J Bouchard (Mich. Ct. App. 2023). · cites it 2× “” MCL 700.3711. Accordingly, plaintiff, as the personal representative, had the same power to act over the estate property as the deceased owner, his late father, but willfully chose not to file the action in the representative capacity.”
Johnson, M.D. v. Johnson (E.D. Mich. 2024). · cites it 2× “” Mich Comp. Laws § 700.3711. They assume this power upon the probate court’s appointment.”
in Re Fletcher Est. (Mich. Ct. App. 2016). “MCL 700.3711 clarifies, “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 700.3711. A personal representative may .”
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