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

Mich. Comp. Laws § 700.3720 (2026)

Expenses in estate litigation.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3720 Expenses in estate litigation.

Sec. 3720.

    If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements including reasonable attorney fees incurred.

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

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EPIC
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2009–2022 · leading case: In Re Nestorovski Est., 769 N.W.2d 720 (Mich. Ct. App. 2009).
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In Re Nestorovski Est., 769 N.W.2d 720 (Mich. Ct. App. 2009). · cites it 6× “Respondent lastly complains that the arbitrator exceeded her authority by deciding that both parties should bear their own attorney fees and that none of the fees should be chargeable to the estate.”
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 Cary Est. (Mich. Ct. App. 2017). · cites it 3× “” MCL 700.3720. According to MCR 5.313(A), “[a]n attorney is entitled to receive reasonable compensation for legal services rendered on behalf of a personal representative, and to reimbursement for costs incurred in rendering those services.”
in Re Cary Est. (Mich. Ct. App. 2017). · cites it 3× “” MCL 700.3720. According to MCR 5.313(A), “[a]n attorney is entitled to receive reasonable compensation for legal services rendered on behalf of a personal representative, and to reimbursement for costs incurred in rendering those services.”
in Re Weingrad Est. (Mich. Ct. App. 2019). · cites it 3× “Here, the probate court also approved the personal representative’s fiduciary fees and the appellate attorney fees under MCL 700.3720 and MCL 700.3715. MCL 700.3720 provides that “[i]f a personal representative or person nominated personal representative defends or prosecutes a…”
in Re Easterly Est. (Mich. Ct. App. 2015). · cites it 2× “Generally, MCL 700.3720 permits the personal representative to charge the estate for the expense of an employed attorney.”
in Re Ward Est. (Mich. Ct. App. 2016). “Owens 2 Appellant halfheartedly argues that he should have been awarded fees under MCL 700.3720. He raises the argument but then fails to mention it in the “conclusion” and “relief requested” sections of his brief.”
in Re Vandecar Est. (Mich. Ct. App. 2017). “” MCL 700.3720. On the record evidence, the probate court reasonably found that appellee “has attempted to expedite the matters pertaining to the estate in a diligent manner and in good faith,” while appellant had failed “to follow Court orders, show a meaningful intent to…”
in Re Vandecar Est. (Mich. Ct. App. 2017). “” MCL 700.3720. On the record evidence, the probate court reasonably found that appellee “has attempted to expedite the matters pertaining to the estate in a diligent manner and in good faith,” while appellant had failed “to follow Court orders, show a meaningful intent to…”
In Re Burgeson Est. (Mich. Ct. App. 2022). “In support of her argument, appellant cites MCL 700.3720, which states: “If a personal representative or person nominated as personal representative defends or prosecutes a proceeding in good faith, whether successful or not, the personal representative is entitled to receive…”
Amini v. Rite Aid Corp. (E.D. Mich. 2021). “” Mich. Comp. Laws 700.3720; see also In re Awad Estate, No.”
in Re Wetsman Est. (Mich. Ct. App. 2014). “Accordingly, pursuant to statute and caselaw, a personal representative who enters a contract with an attorney in his or her role as personal representative may nonetheless be found liable to recompense the attorney from his or her personal funds for actions not taken “in good…”
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