Michigan Laws 700.3308 – Informal appointment proceedings; proof and required findings
Current as of: 2023 | Check for updates
|
Other versions
(1) In informal appointment proceedings, the register shall determine whether all of the following are true:
(a) The application for the personal representative‘s informal appointment is complete.
Terms Used In Michigan Laws 700.3308
- Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Decedent: A deceased person.
- Person: means an individual or an organization. See Michigan Laws 700.1106
- 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
- Special personal representative: means a personal representative as described by section 3614 to 3618. See Michigan Laws 700.1107
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
- Venue: The geographical location in which a case is tried.
(b) The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief.
(c) The applicant appears from the application to be an interested person.
(d) On the basis of the statements in the application, venue is proper.
(e) A will to which the requested appointment relates has been formally or informally probated. This subdivision does not apply to the appointment of a special personal representative.
(f) From the statements in the application, the person whose appointment is sought has priority to the appointment or the requirements of section 3310 have been satisfied.
(2) Unless section 3612 controls, the register shall deny the application if it indicates any of the following:
(a) That a personal representative who has not filed a written statement of resignation as provided in section 3610 has been appointed in this or another county of this state.
(b) That, unless the applicant is the domiciliary personal representative or his or her nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile.
(c) That the other requirements of this section are not met.