Michigan Compiled Laws

Mich. Comp. Laws § 700.3712 (2026)

Improper exercise of power; breach of fiduciary duty.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.3712 Improper exercise of power; breach of fiduciary duty.

Sec. 3712.

If the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. The right of purchasers and others dealing with a personal representative shall be determined as provided in sections 3713 and 3714.

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

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Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 2007–2026 · leading case: In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007).

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In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 8× “MCL 700.3712 provides: "If the exercise or the failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express…”

in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). “5 See MCL 700.3712 (“If the exercise or the failure to exercise a power concerning the estate is improper, the personal representative is liable *64 to interested persons for damage or loss resulting from breach, of fiduciary duty to the same extent as a trustee of an express…”

In Re Harris Est. (Mich. Ct. App. 2023). · cites it 8× “Christopher asked the probate court to surcharge Rodgers under MCL 700.3712 for all past rent due to the estate, which amounted to $32,640.”

Peri Roanne Weingrad v. Constance Jones (Mich. Ct. App. 2019). · cites it 2× “Under MCL 700.3712, “[i]f the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust.”

Est. of Evelyn Ragsdale v. Katie Bishop (Mich. Ct. App. 2022). “Stated another way, the Ragsdale Estate traded an asset with a contingent and speculative value that could not be realized without considerable expense for a sum certain that fully funded all its obligations.”

20241219_C367629_31_367629.Opn.Pdf (Mich. Ct. App. 2024). “The closest plaintiff gets is asserting that Tyler and Alyssa could be liable under MCL 700.3712 for “damages or losses if they use estate assets to satisfy obligations other than creditors and estate beneficiaries.”

In Re Wallace Est. (Mich. Ct. App. 2026). “See MCL 700.3712; MCL 700.1105(c). In this case, as we noted in our original opinion, “[c]reditors filed approximately $4.”

in Re Stuart Est. (Mich. Ct. App. 2015). “Under MCL 700.3712, “[i]f the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty .”

in Re Easterly Est. (Mich. Ct. App. 2015). “MCL 700.3712 provides that “[i]f the exercise or failure to exercise a power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from the breach of fiduciary duty to the same extent as a trustee of an…”

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