Michigan Laws 700.4201 – Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
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At any time after the expiration of 63 days after a nonresident decedent‘s death, a person indebted to the nonresident decedent, or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent, may pay the debt or deliver the personal property or the instrument to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary personal representative‘s appointment and a sworn statement made by or on behalf of the representative stating all of the following:
(a) The date of the nonresident decedent’s death.
Terms Used In Michigan Laws 700.4201
- 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
- Decedent: A deceased person.
- Foreign personal representative: means a personal representative appointed by another jurisdiction. See Michigan Laws 700.1104
- Local administration: means administration by a personal representative appointed in this state under an appointment proceeding described in article III. See Michigan Laws 700.4101
- Nonresident decedent: means a decedent who was domiciled in another jurisdiction at the time of his or her death. See Michigan Laws 700.1106
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual or an organization. See Michigan Laws 700.1106
- Personal property: All property that is not real property.
- 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
- Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
- 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
(b) That local administration, or an application or petition for local administration, is not pending in this state.
(c) That the domiciliary foreign personal representative is entitled to payment or delivery.