Title 700, ESTATES AND PROTECTED INDIVIDUALS CODE

Sec. 2806. As used in this section and sections 2807 to 2809: (a) "Disposition or appointment of property" includes, but is not limited to, a transfer of an item of property or another benefit to a beneficiary designated in a governing instrument. (b) "Divorce or annulment" means…

Sec. 2807. (1) Except as provided by the express terms of a governing instrument, court order, or contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marri…

Sec. 2808. (1) Except as otherwise provided in this section, a payor or other third party is not liable for having made a payment or transferred an item of property or another benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remar…

Sec. 2809. (1) Section 2807 does not obligate an individual who purchases property from a former spouse, a relative of a former spouse, or another person for value and without notice, or who receives from a former spouse, a relative of a former spouse, or another person a payment…

Sec. 2901. (1) This part shall be known and may be cited as the "disclaimer of property interests law". (2) As used in this part: (a) "Agent" means an agent or attorney in fact acting under a written power of attorney and within the scope of his, her, or its authority. (b) "Discl…

Sec. 2902. (1) A person, or a fiduciary representing a person to whom a disclaimable interest devolves, may disclaim a disclaimable interest in whole or in part. A trustee, with respect to the trust as a whole or with respect to a separate trust that is or will be established und…

Sec. 2903. (1) A disclaimer is not valid unless it complies with all of the following: (a) Is in writing. (b) Declares the disclaimer. (c) Describes the disclaimed interest. (d) Is signed by the disclaimant. (e) Is delivered as provided in sections 2904, 2905, and 2906. (2) If a …

Sec. 2904. (1) Except as provided in section 2905, if a disclaimed interest arises under a will or trust created by will, or by the laws of intestacy, the disclaimer must be delivered after the death of the owner of the property and before any event described in section 2910. If …

Sec. 2905. (1) A disclaimed interest that is subject to, or arises under, an exercise, release, or lapse of a power of appointment, must comply with the following: (a) A disclaimer by an appointee must be delivered to the donee, to the personal representative of the donee's estat…

Sec. 2906. (1) A disclaimer must be delivered in 1 of the following manners: (a) By personally handing it to the person to whom it is to be delivered or to a fiduciary representing that person. (b) By enclosing it in a sealed envelope with first-class postage fully prepaid, addre…

Sec. 2907. (1) Except as otherwise provided in this section and section 2908, if a disclaimed interest arises under a will or a trust created by will, or by the laws of intestacy, and the decedent has not provided for another disposition of that interest if it is disclaimed or fo…

Sec. 2908. (1) If a disclaimed interest arises out of joint property created by a governing instrument, testamentary or nontestamentary, the following apply: (a) If the disclaimant is the only living owner, the disclaimed interest devolves to the estate of the last to die of the …

Sec. 2909. (1) A disclaimer, or a written waiver of the right to disclaim, is binding upon the disclaimant or person waiving the right to disclaim, and all persons claiming through or under him or her. (2) A disclaimer acts as a nonacceptance of the disclaimed interest, rather th…

Sec. 2910. (1) The right to disclaim property is barred by any of the following events that occur after the event giving rise to the right to disclaim and before the disclaimer is perfected: (a) An assignment, conveyance, encumbrance, pledge, or transfer of the property, or a con…

Sec. 2911. The common law right of disclaimer or renunciation is abolished. This part does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest in property under another statute.

Sec. 2912. An interest in property that exists on the effective date of this act as to which, if a present interest, the time for delivering a disclaimer under this part has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally…

Sec. 2951. As used in this part: (a) "International will" means a will executed in conformity with this part. (b) "Authorized individual" means an individual who by section 2959 or by the laws of the United States, including members of the diplomatic and consular service of the U…

Sec. 2952. (1) If a will is made in the form of an international will that complies with the requirements of this part, the will is valid in regard to its form irrespective of the particular place where the will is made, of the location of assets, or of the testator's nationality…

Sec. 2953. To comply with this part as a valid international will, a will shall meet all of the following requirements regarding form and procedure: (a) The will shall be made in writing, but does not need to be written by the testator personally. The will may be written in any l…

Sec. 2954. (1) To further assure an international will's acceptance, in addition to the section 2953 requirements, all of the following are recommended regarding form and procedure: (a) The testator's, witnesses', and authorized individual's signatures should be placed at the end…

Sec. 2955. The authorized individual shall attach to the will a certificate signed by the authorized individual establishing that the will complies with the requirements of this part for valid execution of an international will. The authorized individual shall keep a copy of the …

Sec. 2956. In the absence of evidence to the contrary, the authorized individual's certificate is conclusive of an international will's validity under this part. The absence or irregularity of a certificate does not affect the validity of a will under this part.

Sec. 2957. An international will is subject to the ordinary rules of revocation of wills.

Sec. 2958. Sections 2951 to 2957 derive from "Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will". In interpreting and applying this part, regard shall be had to its international origin and to the need for uniformity in its inte…

Sec. 2959. An individual who is admitted to practice law before the courts of this state and who is in good standing as an active law practitioner of this state is an authorized individual empowered to supervise the execution of an international will.

Sec. 3101. An individual's power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the prompt settlement of estates. Upon an individual's death, t…

Sec. 3102. Except to collect assets under section 3983, to be effective to prove the transfer of property or to nominate a personal representative, a will must be declared valid by a register's order of informal probate or by a court's adjudication of probate.

Sec. 3103. Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a decedent's personal representative, a person must be appointed by the register or by court order, must qualify, and must be issued letters. The issuance of l…

Sec. 3104. (1) Except as otherwise provided in subsection (2), a proceeding to enforce a claim against a decedent's estate or the decedent's successors shall not be revived or commenced before the appointment of a personal representative. After the appointment and until distribut…

Sec. 3105. A person interested in a decedent's estate may apply to the register for a determination in the informal proceedings provided in this article and may petition the court for orders in formal proceedings within the court's jurisdiction.

Sec. 3106. In a proceeding within the court's jurisdiction in which notice is required by this act or by court rule, and in a proceeding to construe a probated will or determine heirs that concerns an estate that has not been opened for administration, an interested person may be…

Sec. 3107. (1) Unless a proceeding involves supervised administration as described in part 5 of this article, the following apply: (a) Each proceeding before the court or register is independent of any other proceeding involving the same estate. (b) A petition for a formal court …

Sec. 3201. (1) Venue for the first informal or formal testacy or appointment proceeding after a decedent's death is 1 of the following: (a) The county where the decedent was domiciled at the time of death. (b) If the decedent was not domiciled in this state, in a county where pro…

Sec. 3202. If conflicting claims as to the decedent's domicile are made in a formal testacy or appointment proceeding commenced in this state and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state shall stay, dis…

Sec. 3203. (1) For either formal or informal proceedings, subject to subsection (2), persons who are not disqualified have priority for appointment as a general personal representative in the following order: (a) The person with priority as determined by a probated will including…

Sec. 3204. (1) A conservator of a protected individual's estate or, if there is no conservator, a guardian of a minor or legally incapacitated individual may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference o…

Sec. 3205. A person who wants notice of any order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the decedent's death stating the decedent's name, the nature of the…

Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201 to 52.216, part 28 and article 10 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899 and 333.10101 to 333.11101, and subsection (12), a funeral representative designated under subsection (2), a person with priority u…

Sec. 3206a. (1) A declarant may designate in the funeral representative designation a successor individual as a funeral representative who may exercise the rights and powers described in section 3206(1) if the first individual named as funeral representative does not accept, is i…

Sec. 3206b. A funeral representative designation is revoked by 1 or more of the following: (a) Unless a successor funeral representative has been designated, any of the following: (i) The funeral representative's resignation. (ii) The funeral representative cannot be located afte…

Sec. 3207. (1) One or more of the following may petition the court to resolve a disagreement described in section 3206(5) or rebut the presumption under section 3206(1): (a) An individual with the rights and powers under section 3206(1). (b) A funeral establishment that has custo…

Sec. 3209. (1) A funeral establishment is not required to file a petition under section 3207 and is not civilly liable for not filing a petition under section 3207. (2) A funeral establishment, cemetery, or crematory may rely on the designation of a funeral representative under s…

Sec. 3301. (1) An application for informal probate or informal appointment shall be made by an interested person and directed to the register. If an application is not filed within 28 days after the decedent's death, a person that has a right or cause of action that cannot be enf…

Sec. 3302. Upon receipt of an application requesting informal probate of a will and after making the findings required by section 3303, the register shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order …

Sec. 3303. (1) In an informal proceeding for original probate of a will, the register shall determine whether all of the following are true: (a) The application is complete. (b) The applicant has made oath or affirmation that the statements contained in the application are true t…

Sec. 3304. The register shall deny an application for informal probate if the probate relates to 1 or more of a known series of testamentary instruments, not including a will and 1 or more codicils to that will, the latest of which instruments does not expressly revoke the earlie…