Michigan Laws 700.3502 – Supervised administration; petition; order
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(1) Any interested person or a personal representative may file a petition for supervised administration at any time, or a petition for supervised administration may be joined with a petition in a formal testacy or appointment proceeding.
(2) If a decedent‘s testacy or a personal representative’s priority and qualification have not been previously adjudicated, a petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding, and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the decedent’s testacy and questions relating to the personal representative’s priority and qualifications in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
Terms Used In Michigan Laws 700.3502
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Decedent: A deceased person.
- 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
- 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
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- 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
- Testacy proceeding: means a proceeding to establish a will or determine intestacy. See Michigan Laws 700.1107
(3) After notice to interested persons, the court shall order supervised administration of a decedent’s estate in any of the following circumstances:
(a) If the decedent’s will directs supervised administration, the court shall order supervised administration unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that supervised administration is not necessary.
(b) If the decedent’s will directs unsupervised administration, the court shall only order supervised administration on a finding that it is necessary for protection of persons interested in the estate.
(c) In other cases, the court shall order supervised administration if the court finds that supervised administration is necessary under the circumstances.