ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3719 Compensation of personal representative.
Sec. 3719.
(1) A personal representative is entitled to reasonable compensation for services performed. A personal representative may pay the personal representative's own compensation periodically as earned without prior court approval.
(2) If an attorney serves as personal representative, the attorney shall maintain time records that state the identity of the person performing personal representative services, the date the services are performed, the amount of time expended in performing the services, and a brief description of the services. Upon request of an interested person affected by payment of personal representative fees, the attorney shall send the time records to the interested person.
(3) If a will provides for the personal representative's compensation and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A written contract between the decedent and the personal representative regarding compensation for estate settlement services is binding on the personal representative.
(4) A personal representative also may renounce the right to all or a part of the compensation. A written renunciation of fee may be filed with the court and shall be served on all affected interested persons.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2012–2023 · leading case:
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
“See also Mich. Comp. Laws § 700.3719 (1) (personal representative entitled to reasonable compensation for services).”
Wicklund v. Wicklund, 2014 ND 64 (N.D. 2014).
· cites it 2× “See Mich. Comp. Laws § 700.3719 (personal representative entitled to reasonable compensation for services rendered).”
In Re Howe Est. (Mich. Ct. App. 2023).
· cites it 3× “” MCL 700.3719. However, a court may also order a refund of excessive compensation.”
State v. Bruederle, 2012 ND 26 (N.D. 2012).
“See also Mich. Comp. Laws § 700.3719 (1) (personal representative entitled to reasonable compensation for services).”
in Re Lujan Est. (Mich. Ct. App. 2018).
· cites it 2× “-3- personal representative, MCL 700.3719(1).6 Caselaw addressing compensation awarded either to an attorney or to a personal representative offer useful guidance in this analogous context.”
in Re Lujan Est. (Mich. Ct. App. 2018).
· cites it 2× “-3- personal representative, MCL 700.3719(1).6 Caselaw addressing compensation awarded either to an attorney or to a personal representative offer useful guidance in this analogous context.”
in Re Poling Est. (Mich. Ct. App. 2014).
“” MCL 700.3719(1). The probate court may review the reasonableness of the personal representative’s compensation and order a refund if the court determines that the fee is excessive.”
— Mich. Comp. Laws § 700.3719(1) — 4 cases
in Re Lujan Est. (Mich. Ct. App. 2018).
“-3- personal representative, MCL 700.3719(1).6 Caselaw addressing compensation awarded either to an attorney or to a personal representative offer useful guidance in this analogous context.”
in Re Lujan Est. (Mich. Ct. App. 2018).
“-3- personal representative, MCL 700.3719(1).6 Caselaw addressing compensation awarded either to an attorney or to a personal representative offer useful guidance in this analogous context.”
In Re Howe Est. (Mich. Ct. App. 2023).
“” MCL 700.3719. However, a court may also order a refund of excessive compensation.”
in Re Poling Est. (Mich. Ct. App. 2014).
“” MCL 700.3719(1). The probate court may review the reasonableness of the personal representative’s compensation and order a refund if the court determines that the fee is excessive.”
— Mich. Comp. Laws § 700.3719(4) — 1 case
In Re Howe Est. (Mich. Ct. App. 2023).
“” MCL 700.3719. However, a court may also order a refund of excessive compensation.”
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