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

Mich. Comp. Laws § 700.7803 (2026)

Impartiality; use of standards of Michigan prudent investor rule.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.7803 Impartiality; use of standards of Michigan prudent investor rule.

Sec. 7803.

    The trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule. If the trustee has special skills or is named trustee on the basis of representation of special skills or expertise, the trustee is under a duty to use those skills.

History: Add. 2009, Act 46, Eff. Apr. 1, 2010

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Notes of Decisions
Cited in 19 cases (9 in the last 5 years), 2014–2026 · leading case: In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016).
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In re DeCoste Est., 317 Mich. App. 339 (Mich. Ct. App. 2016). “3703(1) provides: A personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL 700.7803]. Apersonal representative is under a duty to settle and distribute the decedent’s estate in accordance with the terms of a…”
in Re Conservatorship of Nina Jean Murray (Mich. Ct. App. 2021). · cites it 2× “-4- MCL 700.7803 provides that the fiduciary “shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule.”
in Re mcmullen/butler Trust (Mich. Ct. App. 2015). · cites it 2× “7803, which requires impartiality, and states in pertinent part, “[t]he trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule[;]” and MCL 700.”
in Re Fletcher Est. (Mich. Ct. App. 2016). “3703(1) provides that -8- [a] personal representative is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL700.7803]. A personal representative is under a duty to settle and distribute the decedent’s estate in accordance with the…”
in Re Thomas Rowe Stockton Trust (Mich. Ct. App. 2017). “7802(1); and, in doing so, the trustee “shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule,” MCL 700.7803. “To be prudent includes acting with care, diligence, integrity, fidelity…”
in Re Warner Est. (Mich. Ct. App. 2018). “3703 (recognizing that the personal representative of an estate “is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL 700.7803].”) In support of his claims, respondent points to the affidavits of Brooke Barksdale and Brian Warner.”
in Re Warner Est. (Mich. Ct. App. 2018). “3703 (recognizing that the personal representative of an estate “is a fiduciary who shall observe the standard of care applicable to a trustee as described by [MCL 700.7803].”) In support of his claims, respondent points to the affidavits of Brooke Barksdale and Brian Warner.”
in Re Jeannine a Palazzo Irrevocable Trust (Mich. Ct. App. 2018). “] MCL 700.7803 states that a “trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule.”
in Re Guardianship of Elaine Jaye (Mich. Ct. App. 2019). “78034] and shall discharge all of the duties and obligations of a confidential 4 MCL 700.7803 states: The trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule.”
in Re Basso Est. (Mich. Ct. App. 2019). “According to MCL 700.7803, a “trustee shall act as would a prudent person in dealing with the property of another .”
In Re Dorothy Marie Talanda Trust (Mich. Ct. App. 2022). “” Moreover, according to MCL 700.7803, The trustee shall act as would a prudent person in dealing with the property of another, including following the standards of the Michigan prudent investor rule.”
In Re Kapp Est. (Mich. Ct. App. 2022). “An “interested person” is defined to include, inter alia, “an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual.”
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