(1) If a special personal representative is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named personal representative in the will shall be appointed as the special personal representative, if available and qualified, unless the court finds the appointment is not in the best interest of the estate or the estate’s beneficiaries.
  (2) In any other case, the court may appoint any proper person as special personal representative.

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Terms Used In Michigan Laws 700.3615

  • 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
  • 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
  • Probate: Proving a will
  • Special personal representative: means a personal representative as described by section 3614 to 3618. See Michigan Laws 700.1107