ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3721 Employment of agents and compensation of personal representatives and employees of estate; proceedings for review.
Sec. 3721.
After notice to all interested persons, on petition of an interested person, on appropriate motion if administration is supervised, or on the court's own motion, the court may review the propriety of employment of a person by a personal representative, including, but not limited to, an attorney, accountant, investment advisor, or other specialized agent or assistant, the reasonableness of such a person's compensation, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services. If the court determines that a person received excessive compensation from an estate for services rendered, the court shall order the person to pay an appropriate refund and may include in the refund amount interest and penalties as the court considers just.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2014–2023 · leading case:
in Re Lujan Est. (Mich. Ct. App. 2018).
in Re Lujan Est. (Mich. Ct. App. 2018).
· cites it 3× “In particular, MCL 700.3721 states, in relevant part: After notice to all interested persons, on petition of an interested person, on appropriate motion if administration is supervised, or on the court’s own motion, the court may review the propriety of employment of a person by…”
in Re Lujan Est. (Mich. Ct. App. 2018).
· cites it 3× “In particular, MCL 700.3721 states, in relevant part: After notice to all interested persons, on petition of an interested person, on appropriate motion if administration is supervised, or on the court’s own motion, the court may review the propriety of employment of a person by…”
In Re Howe Est. (Mich. Ct. App. 2023).
“MCL 700.3721. A personal representative’s fee can be unreasonable even if the personal representative expends considerable time and effort.”
in Re Poling Est. (Mich. Ct. App. 2014).
“MCL 700.3721. “The determination of reasonable compensation to the personal representative is, in general, the same as for the attorney.”
in Re Easterly Est. (Mich. Ct. App. 2015).
“Pursuant to MCL 700.3721, both the personal representative’s employment decision and the compensation to be paid by the personal representative are subject to judicial review.”
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