Michigan Laws 700.3107 – Proceedings; scope; independence
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(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.
Terms Used In Michigan Laws 700.3107
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- Probate: Proving a will
- Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
- Supervised administration: means the proceedings described in part 5 of article III. See Michigan Laws 700.1107
(b) A petition for a formal court order may combine various requests for relief in a single proceeding if the order sought may be a final order and may be granted without delay.
(2) Except as required in this article for another proceeding, the following apply:
(a) A petition is not defective because it fails to embrace all matters that might then be the subject of a final order.
(b) A proceeding for probate of a will or an adjudication of no will may be combined with a proceeding for appointment of a personal representative.
(c) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.