Title 700, ESTATES AND PROTECTED INDIVIDUALS CODE

Sec. 3923. (1) If the probate court finds that it is inequitable to apportion taxes, credits, interest, and penalties in the manner provided in sections 3920 to 3922 because of special circumstances, the court may direct apportionment in the manner it finds equitable. (2) If the …

Sec. 3924. (1) For the purpose of settling a claim as to which an action is not pending in another court for damages for wrongful death or for a claim existing under this state's laws relating to the survival of actions, if a personal representative petitions the court in writing…

Sec. 3951. (1) If the personal representative does not complete estate administration within 1 year after the original appointment by petitioning for a settlement order under section 3952 or 3953 or by filing a sworn statement under section 3954, the personal representative shall…

Sec. 3952. (1) A personal representative or an interested person may petition for an order of complete estate settlement. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointme…

Sec. 3953. (1) A personal representative administering an estate under an informally probated will or a devisee under an informally probated will may petition for a settlement order for the estate that does not adjudicate the decedent's testacy status. The personal representative…

Sec. 3954. (1) Unless prohibited by court order and except for an estate being administered in a supervised administration proceeding, a personal representative may close an estate by filing with the court, no earlier than 5 months after the date of a general personal representat…

Sec. 3955. After estate property is distributed and subject to section 3957, an undischarged claim not barred may be prosecuted in a proceeding against 1 or more distributees. A distributee is not liable to a claimant for an amount received as exempt property or as a homestead or…

Sec. 3956. Unless previously barred by adjudication and except as provided in the closing statement, the right of a successor or creditor whose right is not otherwise barred against the personal representative for breach of fiduciary duty is barred unless a proceeding to assert t…

Sec. 3957. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling a personal representative's accounts, or otherwise barred, a claimant's claim to recover from a distributee who is liable to pay the claim and the right of an heir or devisee, or o…

Sec. 3958. If an objection to the closing statement is not filed within 28 days after the filing date, the personal representative, the personal representative's sureties, or a successor of either is entitled to receive a certificate from the register that the personal representa…

Sec. 3959. (1) The court may reopen an estate if either of the following applies: (a) Estate property is discovered after an estate is settled and either the personal representative is discharged or 1 year has expired after a closing statement is filed. (b) There is other good ca…

Sec. 3981. (1) A hospital, convalescent or nursing home, morgue, or law enforcement agency holding $1,500.00 or less and wearing apparel of a decedent may deliver the money and wearing apparel to an individual furnishing identification and a sworn statement that the individual is…

Sec. 3982. (1) On a showing of evidence, satisfactory to the court, of payment of the expenses for the decedent's funeral and burial and if the balance of a decedent's gross estate consists of property of the value of $50,000.00 or less, the court may order that the property be t…

Sec. 3983. (1) After 28 days after a decedent's death, a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver th…

Sec. 3984. (1) A person paying, delivering, transferring, or issuing personal property or the evidence of personal property under a sworn statement as provided in section 3983 is discharged and released to the same extent as if the person dealt with the decedent's personal repres…

Sec. 3987. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed administration costs and expenses, reasonable funeral and burial expenses, homestead allowance, family allowance, exempt property, and reaso…

Sec. 3988. (1) Unless prohibited by court order and except for an estate being administered by a supervised personal representative, a personal representative may close an estate administered under the summary procedures of section 3987 by filing with the court, at any time after…

Sec. 4101. As used in this article: (a) "Local administration" means administration by a personal representative appointed in this state under an appointment proceeding described in article III. (b) "Local personal representative" includes a personal representative appointed in t…

Sec. 4201. At any time after the expiration of 63 days after a nonresident decedent's death, a person indebted to the nonresident decedent, or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging …

Sec. 4202. (1) Payment or delivery made in good faith on the basis of proof of authority and a sworn statement as provided in section 4201 releases the debtor or person having possession of the personal property to the same extent as if payment or delivery is made to a local pers…

Sec. 4203. (1) If local administration, or an application or petition for local administration, is not pending in this state, a domiciliary foreign personal representative may file with a court in this state, in a county in which property belonging to the decedent is located, aut…

Sec. 4204. (1) A domiciliary foreign personal representative's power under sections 4201 and 4203 shall be exercised only if estate administration or an application for administration is not pending in this state. An application or petition for local administration of the estate …

Sec. 4205. In respect to a nonresident decedent, article III governs all of the following: (a) A proceeding in a court of this state for probate of the will, for appointment, removal, supervision, and discharge of the local personal representative, and for another order concernin…

Sec. 4301. (1) A foreign personal representative submits personally to the jurisdiction of the courts of this state in a proceeding relating to the estate by doing any of the following: (a) Filing an authenticated copy of appointment as provided in section 4203. (b) Receiving pay…

Sec. 4302. In addition to jurisdiction conferred by section 4301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the representative's decedent was subject to that jurisdiction immediately before death.

Sec. 4303. (1) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to the representative's last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first-class ma…

Sec. 4401. An adjudication rendered in any jurisdiction in favor of or against a personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.

Sec. 5101. As used in parts 1 to 4 of this article: (a) "Best interests of the minor" means the sum total of the following factors to be considered, evaluated, and determined by the court: (i) The love, affection, and other emotional ties existing between the parties involved and…

Sec. 5102. (1) A person under a duty to pay or deliver money or personal property to a minor may perform this duty by paying or delivering the money or property, in an aggregate value that does not exceed $50,000.00 each year, to any of the following: (a) The minor if the minor i…

Sec. 5103. (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 180 days, any of the parent's or guardian's powers regarding care, custody, or p…

Sec. 5104. (1) An interested person who desires to be notified before an order is made in a guardianship proceeding, including a proceeding subsequent to the appointment of a guardian under section 5312, or in a protective proceeding under section 5401 must file a request for not…

Sec. 5105. The court has jurisdiction of the matter described in this section. If authorized by order of the court that has jurisdiction of the prospective donor, a person 14 years of age or older may give 1 of his or her 2 kidneys to a father, mother, son, daughter, brother, or …

Sec. 5106. (1) Subject to subsections (2) and (3), the court may appoint or approve a professional guardian or professional conservator, as appropriate, as a guardian or conservator under this act, or as a plenary guardian or partial guardian as those terms are defined in section…

Sec. 5107. (1) Upon entry of an order finding that an individual is legally incapacitated, the court shall immediately order the department of state police to enter the order into the law enforcement information network. (2) Upon entry of an order finding that an individual is no…

Sec. 5108. The person that commences an action or procedure under this article, or that makes a motion for, or in another manner requests, the appointment of a guardian ad litem under this article, shall not choose or indicate in any manner the person's preference as to a particu…

Sec. 5108a. (1) Beginning April 30, 2020, a guardian, guardian ad litem, or visitor may satisfy any requirement concerning a visit with an individual, including, but not limited to, a visit in the physical presence of a person under this act by instead conferring with the individ…

Sec. 5109. (1) Before a minor participates in recreational activity, a parent or guardian of the minor may release a person from liability for economic or noneconomic damages for personal injury sustained by the minor during the specific recreational activity for which the releas…

Sec. 5201. A person may become a minor's guardian by parental appointment or court appointment. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward.

Sec. 5202. (1) The parent of an unmarried minor may appoint a guardian for the minor by will or by another writing signed by the parent and attested by at least 2 witnesses. (2) Subject to the right of the minor under section 5203, if both parents are dead or have been adjudged t…

Sec. 5202a. (1) If a guardian has not been appointed in this state and a petition for the appointment of a guardian is not pending in this state, a guardian appointed, qualified, and serving in good standing in another state may be appointed immediately as temporary guardian in t…

Sec. 5203. A minor 14 years of age or older who is the subject of a parental appointment may prevent an appointment or cause it to terminate by filing with the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within…

Sec. 5204. (1) A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian for the minor. The court may order the department of health and human services or a court employee or agent to conduct an investiga…

Sec. 5205. (1) The court may appoint a limited guardian for an unmarried minor upon the petition of the minor's parent or parents if all of the following requirements are met: (a) The parents with custody of the minor consent or, in the case of only 1 parent having custody of the…

Sec. 5206. (1) The court shall review a proposed limited guardianship placement plan filed with the court under section 5205 and shall do 1 of the following: (a) Approve the proposed plan. (b) Disapprove the proposed plan. (c) On its own motion, modify a proposed plan and approve…

Sec. 5207. (1) The court may review a guardianship for a minor as it considers necessary and shall review a guardianship annually if the minor is under 6 years of age. In conducting the review, the court shall consider all of the following factors: (a) The parent's and guardian's…

Sec. 5208. (1) A minor's parent or parents may petition the court to terminate a guardianship for the minor as follows: (a) If the guardianship is a limited guardianship, the parents or the sole parent with a right to custody of the minor. (b) If the guardianship was established …