ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.7201 Role of court in administration of trust.
Sec. 7201.
(1) A court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.
(2) A trust is not subject to continuing judicial supervision unless ordered by the court. Registration of a trust or another proceeding concerning a trust does not result in continuing judicial supervision unless ordered by the court. Subject to court jurisdiction as invoked by an interested person or as otherwise exercised as provided by law, the management and distribution of a trust estate, submission of an account or report to beneficiaries, payment of a trustee's fees and other trust obligations, acceptance and change of trusteeship, and any other aspect of trust administration shall proceed expeditiously consistent with the terms of the trust, free of judicial intervention, and without court order or approval or other court action.
(3) A proceeding involving a trust may relate to any matter involving the trust's administration, including a request for instructions and a determination regarding the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a trust; or the declaration of rights that involve a trust, trustee, or trust beneficiary, including, but not limited to, proceedings to do any of the following:
(a) Appoint or remove a trustee.
(b) Review the fees of a trustee.
(c) Require, hear, and settle interim or final accounts.
(d) Ascertain beneficiaries.
(e) Determine a question that arises in the administration or distribution of a trust, including a question of construction of a trust.
(f) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right.
(g) Release registration of a trust.
(h) Determine an action or proceeding that involves settlement of an irrevocable trust.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
PopularName Notes:
EPIC
Notes of Decisions
Cited in
17
cases (
5 in the last 5 years), 2008–2025 · leading case:
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008).
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008).
· cites it 5× “But MCL 700.7201 (2) (w) specifically authorizes a trustee to retain counsel and to act on advice so received, provided the trustee does so in a reasonable and prudent manner.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
· cites it 4× “] The probate court concluded that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that "[a] court of this state may intervene in the *356 administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided…”
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).
· cites it 2× “As a beneficiary, and therefore an “interested person,” MCL 700.1105(c), Mark certainly had statutory standing in this case to invoke the probate court’s jurisdiction with respect to the administration of the BR Trust, MCL 700.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013).
“See MCL 700.7201(2). But after receiving Georgiann’s petition, the court proceeded to hold oral argument, consider the evidence, interpret the in terrorem clause, and decide the question on the merits.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 925 N.W.2d 921 (Mich. Ct. App. 2018).
“" The term "beneficial interest" is defines as follows: "A right or expectancy in something (such as a trust or an estate), as opposed to legal title to that thing.”
In re Draves Trust, 828 N.W.2d 83 (Mich. Ct. App. 2012).
“MCL 700.7201(2) provides: A trust is not subject to continuing judicial supervision unless ordered by the court.”
In Re Herbert Irrevocable Fam. Trust (Mich. Ct. App. 2025).
· cites it 8× “MCL 700.7201 Petitioners argue that the probate court should have enforced the agreement and modified the trust because the court had jurisdiction under MCL 700.”
20230221_C360862_42_360862.Opn.Pdf (Mich. Ct. App. 2023).
· cites it 5× “” MCL 700.7201(1). “Unless an interested person invokes court jurisdiction, the administration of a trust shall proceed expeditiously, consistent with the terms of the trust, free of judicial intervention and without court order, approval, or other court action.”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017).
· cites it 4× “] The probate court found that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
Grace Barretta-Biondo v. Margaret J Shellenbarger (Mich. Ct. App. 2022).
· cites it 2× “Under MCL 700.7201(1), “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
Grace Barretta-Biondo v. Margaret J Shellenbarger (Mich. Ct. App. 2022).
· cites it 2× “Under MCL 700.7201(1), “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
— Mich. Comp. Laws § 700.7201(1) — 7 cases
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).
“As a beneficiary, and therefore an “interested person,” MCL 700.1105(c), Mark certainly had statutory standing in this case to invoke the probate court’s jurisdiction with respect to the administration of the BR Trust, MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
“] The probate court concluded that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that "[a] court of this state may intervene in the *356 administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided…”
Grace Barretta-Biondo v. Margaret J Shellenbarger (Mich. Ct. App. 2022).
“Under MCL 700.7201(1), “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
Grace Barretta-Biondo v. Margaret J Shellenbarger (Mich. Ct. App. 2022).
“Under MCL 700.7201(1), “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
20230221_C360862_42_360862.Opn.Pdf (Mich. Ct. App. 2023).
“” MCL 700.7201(1). “Unless an interested person invokes court jurisdiction, the administration of a trust shall proceed expeditiously, consistent with the terms of the trust, free of judicial intervention and without court order, approval, or other court action.”
— Mich. Comp. Laws § 700.7201(2) — 6 cases
In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008).
“But MCL 700.7201 (2) (w) specifically authorizes a trustee to retain counsel and to act on advice so received, provided the trustee does so in a reasonable and prudent manner.”
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013).
“See MCL 700.7201(2). But after receiving Georgiann’s petition, the court proceeded to hold oral argument, consider the evidence, interpret the in terrorem clause, and decide the question on the merits.”
In re Draves Trust, 828 N.W.2d 83 (Mich. Ct. App. 2012).
“MCL 700.7201(2) provides: A trust is not subject to continuing judicial supervision unless ordered by the court.”
20230221_C360862_42_360862.Opn.Pdf (Mich. Ct. App. 2023).
“” MCL 700.7201(1). “Unless an interested person invokes court jurisdiction, the administration of a trust shall proceed expeditiously, consistent with the terms of the trust, free of judicial intervention and without court order, approval, or other court action.”
— Mich. Comp. Laws § 700.7201(3) — 5 cases
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013).
“As a beneficiary, and therefore an “interested person,” MCL 700.1105(c), Mark certainly had statutory standing in this case to invoke the probate court’s jurisdiction with respect to the administration of the BR Trust, MCL 700.”
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
“] The probate court concluded that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that "[a] court of this state may intervene in the *356 administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided…”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017).
“] The probate court found that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
20230221_C360862_42_360862.Opn.Pdf (Mich. Ct. App. 2023).
“” MCL 700.7201(1). “Unless an interested person invokes court jurisdiction, the administration of a trust shall proceed expeditiously, consistent with the terms of the trust, free of judicial intervention and without court order, approval, or other court action.”
— Mich. Comp. Laws § 700.7201(3)(a) — 2 cases
Brody v. Deutchman (In Re Rhea Brody Living Trust), 910 N.W.2d 348 (Mich. Ct. App. 2017).
“] The probate court concluded that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that "[a] court of this state may intervene in the *356 administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided…”
in the Matter of Rhea Brody Living Trust (Mich. Ct. App. 2017).
“] The probate court found that Cathy had standing pursuant to MCL 700.7201, which provides, in pertinent part, that “[a] court of this state may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.”
— Mich. Comp. Laws § 700.7201(3)(e) — 1 case
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