Michigan Compiled Laws

Mich. Comp. Laws § 700.3906 (2026)

Distribution in kind; valuation; method.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.3906 Distribution in kind; valuation; method.

Sec. 3906.

(1) Unless the will indicates a contrary intention, the distributable property of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions:

(a) A specific devisee is entitled to distribution of the property devised to him or her, and a spouse or child who selects particular estate property as provided in section 2404 shall receive the property selected.

(b) A homestead or family allowance, or devise of a stated sum of money, may be satisfied in kind provided all of the following are true:

(i) The person entitled to the payment does not demand payment in cash.

(ii) The property distributed in kind is valued at fair market value as of its distribution date.

(iii) A residuary devisee does not request that the property in question remain a part of the estate residue.

(2) Property described in subsection (1)(b) shall be valued in accordance with the following:

(a) A security regularly traded on recognized exchanges, if distributed in kind, is valued at the price for the last sale of like securities traded on the business day before distribution or, if there was no sale on that day, at the median between amounts bid and offered at the close of that day.

(b) Property consisting of money owed the decedent or the estate by a solvent debtor as to which there is no known dispute or defense is valued at the amount due with accrued interest or discounted to the distribution date.

(c) Property that does not have a readily ascertainable value is valued as of a date not more than 28 days before the distribution date, if otherwise reasonable.

(d) For purposes of facilitating distribution, the personal representative may ascertain property value as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the property may have been previously appraised.

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

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Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2019–2023 · leading case: in Re McLaurin Est. (Mich. Ct. App. 2019).

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in Re McLaurin Est. (Mich. Ct. App. 2019). · cites it 3× “” MCL 700.3906(1)(c). A personal representative is required to “proceed expeditiously with the settlement and distribution of a decedent’s estate .”

20230112_C360054_37_360054.Opn.Pdf (Mich. Ct. App. 2023). · cites it 2× “Appellant argues that a strong statutory preference for distributions in kind should be respected in this case, citing MCL 700.3906(1). We find this argument unpersuasive.”

— Mich. Comp. Laws § 700.3906(1) — 1 case

20230112_C360054_37_360054.Opn.Pdf (Mich. Ct. App. 2023). “Appellant argues that a strong statutory preference for distributions in kind should be respected in this case, citing MCL 700.3906(1). We find this argument unpersuasive.”

— Mich. Comp. Laws § 700.3906(1)(c) — 1 case

in Re McLaurin Est. (Mich. Ct. App. 2019). “” MCL 700.3906(1)(c). A personal representative is required to “proceed expeditiously with the settlement and distribution of a decedent’s estate .”

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