These answers are made possible by a cooperative effort of the Probate and Estate Planning section of the State Bar of Michigan, probate judges, attorneys and probate registers.  Selected questions from individuals concerning probate procedure under Michigan's new Estate and Protected Individuals Code will be posted here.  Questions may be submitted by e mail to harter@mielderlaw.com.  We will attempt to respond to all questions asked by e mail.  The answer to selected questions will be posted immediately following the question on the page.  The name of the person asking the question will not appear.  The posted answers to questions will be reviewed by a panel of judges, registers and attorneys to try to encourage uniformity of practice under the new probate code.  We will try to organize the questions and answers according to the Articles and Parts of EPIC.

You can go to the following categories of questions and answers.  Only the categories containing a related question and answer will appear highlighted.

All EPIC Questions and their Answers

Part 1  Short Title and Definitions
Part 2  Construction and General Provisions
Part 3  Scope, Jurisdiction, and Courts
Part 4  Notice, Parties, and Representation in Estate Litigation and Other Matters
Part 5  Prudent Investor Rule

Part 1  Intestate Succession
Part 2  Elective Share of Surviving Spouse
Part 3  Spouse or Child Not Provided for in the Will
Part 4  Exempt Property and Allowances
Part 5  Wills, Will Contracts, and Custody and Deposit of Wills
Part 6  Rules of Construction Applicable Only to Wills
Part 7  Rules of Construction Applicable to Donative Disposition in Wills and Other Governing Instruments
Part 8  General Provisions Concerning Probate and Nonprobate Transfers
Part 9  Disclaimers
Part 10  International Wills

Part 1  General Provisions
Part 2  Venue for Probate and Administration, Priority to Administer, and Demand Notice
Part  3  Informal Probate and Appointment Proceedings
Part 4  Formal Testacy and Appointment Proceedings
Part 5  Supervised Administration
Part 6  Personal Representative and Appointment, Control, and Termination of Authority
Part 7  Duties and Powers of Personal Representative
Part 8  Creditors' Claims
Part 9  Special Provisions Relating to Distribution
Part 10  Closing Estates
Part 11  Collection of Property by Sworn Statement, Small Estates, and Summary Administration Proceedings

Part 1  Definitions
Part 2  Powers of Foreign Personal Representatives
Part 3  Jurisdiction Over Foreign Representatives
Part 4  Judgments and Personal Representative

Part 1  General Provisions
Part 2  Guardians of Minors
Part 3  Guardians of Incapacitated Individuals
Part 4  Protection of Property of an Individual Under Disability or of a Minor
Part 5  Durable Power of Attorney and Designation of Patient Advocate

Part 1  Effect of Death
Part 3  Uniform Transfer-On-Death Security Registration

This Article effective from April 1, 2000 has been superceded and replaced by the Michigan Trust Code which appears as a new Article VII  found below which is effective April 1, 2010.

Part 1  Trust Registration
Part 2  Court Jurisdiction Concerning Trusts
Part 3  Duties and Liabilities of Trustees
Part 4  Powers of Trustees
Part 5  Claims Against a Decedent's Revocable Trust

Part 1  General Provisions and Definitions
Part 2  Judicial Proceedings
Part 3  Representation
Part 4  Creation, Validity, Modification and Termination of Trusts
Part 5  Creditor's Claims; Spendthrift and Discretionary Trusts
Part 6  Revocable Trusts
Part 7  Office of Trustee
Part 8  Duties and Powers of Trustee
Part 9  Liability of Trustees and Rights of Persons Dealing with Trustee

Part 1  Miscellaneous Provisions
Part 2  Michigan Trust Code Miscellaneous Provisions; Effective Date
Michigan Court Rules - Chapter 5

Last Updated:  3-24-10

Send your comments, questions and suggestions to Phil Harter at 395 S Shore Drive, Suite 205, Battle Creek, Michigan 49014
or e mail to: harter@mielderlaw.com