Michigan Compiled Laws

Mich. Comp. Laws § 700.8101 (2026)

Effective date; applicable provisions.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.8101 Effective date; applicable provisions.

Sec. 8101.

(1) This act takes effect April 1, 2000.

(2) Except as provided elsewhere in this act, on this act's effective date, all of the following apply:

(a) The act applies to a governing instrument executed by a decedent dying after that date.

(b) The act applies to a proceeding in court pending on that date or commenced after that date regardless of the time of the decedent's death except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of the infeasibility of applying this act's procedure.

(c) A fiduciary, including a person administering the estate of a minor or incompetent, holding an appointment on that date continues to hold the appointment, but has only the powers conferred by this act and is subject to the duties imposed with respect to an event occurring or action taken after that date.

(d) This act does not impair an accrued right or an action taken before that date in a proceeding. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that commences to run by the provision of a statute before this act's effective date, the provision remains in force with respect to that right.

(e) A rule of construction or presumption provided in this act applies to a governing instrument executed before that date unless there is a clear indication of a contrary intent.

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

PopularName Notes:

EPIC

Notes of Decisions

Cited in 17 cases, 2001–2019 · leading case: in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015).

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in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). · cites it 4× “This Court noted that under MCL 700.8101(2)(b), EPIC applied to a proceeding pending on the date that EPIC became effective, but that under MCL 700.”

In Re Cummin Est., 671 N.W.2d 165 (Mich. Ct. App. 2003). · cites it 10× “§ 700.8101(2)(b). However, because respondent's *170 accrued right as owner of the property would be impaired by invalidating the transaction or imposing a constructive trust, subsection 8101(2)(d) precludes applying § 1214 to invalidate respondent's transfer of the property.”

In Re Temple Marital Trust, 748 N.W.2d 265 (Mich. Ct. App. 2008). · cites it 2× “, governs this case because, al *128 though the trust was created in 1998, these proceedings were commenced after EPIC’s effective date of April 1, 2000, and no accrued rights will be impaired by its application.”

In Re Smith Est., 651 N.W.2d 153 (Mich. Ct. App. 2002). · cites it 4× “§ 700.8101(1), is inapplicable to the instant dispute.”

In re Leete Est., 803 N.W.2d 889 (Mich. Ct. App. 2010). · cites it 4× “” MCL 700.8101(2)(a) and (d). Further, “[a] rule of construction .”

In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 2× “MCL 700.8101(2)(b) provides, in pertinent part: "The act applies to a proceeding in court pending on that date or commenced after that date regardless of the time of the decedent's death.”

In Re Bem Est., 637 N.W.2d 506 (Mich. Ct. App. 2001). “14 See MCL 700.8101(1). 15 Emphasis added. 16 Rosemarie Bem also makes a brief argument concerning the date requirement under the holographic will statute.”

In Re Est. of Cummin, 706 N.W.2d 34 (Mich. Ct. App. 2005). · cites it 2× “§ 700.8101(2)(d) provides that EPIC "does not impair an accrued right or an action taken before [April 1, 2000,] in a proceeding.”

Litzinger v. Est. of Litzinger (In Re Litzinger), 322 B.R. 108 (8th Cir. BAP 2005). “” Mich. Comp. Laws § 700.8101 (2)(b). . We should also note that Guy, not Louise, was responsible to the estate on Victor's death with settling and distributing assets of the estate and that Guy was liable to the estate for any losses suffered.”

Auto-Owners Ins. v. All Star Lawn Specialists Plus, Inc., 838 N.W.2d 166 (Mich. Ct. App. 2013). “The MTC applies to trusts created before its enactment, but does not impair accrued rights or affect an act done before its effective date.”

Korean New Hope Assembly of God v. Haight, 651 N.W.2d 153 (Mich. Ct. App. 2002). · cites it 4× “We disagree with the probate court’s conclusion and respondents’ argument that the epic, which took effect on April 1, 2000, MCL 700.8101(1), is inapplicable to the instant dispute.”

Murphy v. Hegyi, 706 N.W.2d 34 (Mich. Ct. App. 2005). · cites it 2× “Although not raised by either party in the first appeal, and despite reversing and remanding on the common-law fiduciary duty issue, the lead opinion stated that “MCL 700.1214 of EPIC prohibits self-dealing by fiduciaries, except in limited circumstances that are not present in…”

Show all 17 citing cases →

— Mich. Comp. Laws § 700.8101(1) — 6 cases

In Re Smith Est., 651 N.W.2d 153 (Mich. Ct. App. 2002). “§ 700.8101(1), is inapplicable to the instant dispute.”

In Re Est. of Stanowski, 758 N.W.2d 534 (Mich. 2008).

Korean New Hope Assembly of God v. Haight, 651 N.W.2d 153 (Mich. Ct. App. 2002). “We disagree with the probate court’s conclusion and respondents’ argument that the epic, which took effect on April 1, 2000, MCL 700.8101(1), is inapplicable to the instant dispute.”

— Mich. Comp. Laws § 700.8101(2) — 2 cases

In Re Smith Est., 651 N.W.2d 153 (Mich. Ct. App. 2002). “§ 700.8101(1), is inapplicable to the instant dispute.”

— Mich. Comp. Laws § 700.8101(2)(a) — 3 cases

In re Leete Est., 803 N.W.2d 889 (Mich. Ct. App. 2010). “” MCL 700.8101(2)(a) and (d). Further, “[a] rule of construction .”

In Re Est. of Stanowski, 758 N.W.2d 534 (Mich. 2008).

in Re Catherine B Stanowski (Mich. 2008).

— Mich. Comp. Laws § 700.8101(2)(b) — 8 cases

in Re Gerald L Pollack Trust, 867 N.W.2d 884 (Mich. Ct. App. 2015). “This Court noted that under MCL 700.8101(2)(b), EPIC applied to a proceeding pending on the date that EPIC became effective, but that under MCL 700.”

In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). “MCL 700.8101(2)(b) provides, in pertinent part: "The act applies to a proceeding in court pending on that date or commenced after that date regardless of the time of the decedent's death.”

In Re Smith Est., 651 N.W.2d 153 (Mich. Ct. App. 2002). “§ 700.8101(1), is inapplicable to the instant dispute.”

In Re Cummin Est., 671 N.W.2d 165 (Mich. Ct. App. 2003). “§ 700.8101(2)(b). However, because respondent's *170 accrued right as owner of the property would be impaired by invalidating the transaction or imposing a constructive trust, subsection 8101(2)(d) precludes applying § 1214 to invalidate respondent's transfer of the property.”

In Re Est. of Stanowski, 758 N.W.2d 534 (Mich. 2008).

— Mich. Comp. Laws § 700.8101(2)(d) — 9 cases

In re Leete Est., 803 N.W.2d 889 (Mich. Ct. App. 2010). “” MCL 700.8101(2)(a) and (d). Further, “[a] rule of construction .”

In Re Smith Est., 651 N.W.2d 153 (Mich. Ct. App. 2002). “§ 700.8101(1), is inapplicable to the instant dispute.”

In Re Est. of Cummin, 706 N.W.2d 34 (Mich. Ct. App. 2005). “§ 700.8101(2)(d) provides that EPIC "does not impair an accrued right or an action taken before [April 1, 2000,] in a proceeding.”

— Mich. Comp. Laws § 700.8101(2)(e) — 1 case

In re Leete Est., 803 N.W.2d 889 (Mich. Ct. App. 2010). “” MCL 700.8101(2)(a) and (d). Further, “[a] rule of construction .”

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