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These answers are made possible by a cooperative effort of the Probate and Estate Planning section of the State Bar of Michigan, probate judges, attorneys and probate registers.  Selected questions from individuals concerning probate procedure under Michigan's new Estate and Protected Individuals Code will be posted here.  Questions may be submitted by e mail to pharter@calhouncountymi.gov.  We will attempt to respond to all questions asked by e mail.  The answer to selected questions will be posted immediately following the question on the page.  The name of the person asking the question will not appear.  The posted answers to questions will be reviewed by a panel of judges, registers and attorneys to try to encourage uniformity of practice under the new probate code.  We will try to organize the questions and answers according to the Articles and Parts of EPIC.

All EPIC Questions and their Answers

Article I  Definitions, General Provisions, and Court Jurisdiction

Part 1  Short Title and Definitions

Part 2  Construction and General Provisions

Part 3  Scope, Jurisdiction, and Courts

Part 4  Notice, Parties, and Representation in Estate Litigation and Other Matters

Part 5  Prudent Investor Rule

Part 1  Intestate Succession

Part 2  Elective Share of Surviving Spouse

Part 3  Spouse or Child Not Provided for in the Will

Part 4  Exempt Property and Allowances

Part 5  Wills, Will Contracts, and Custody and Deposit of Wills

Part 6  Rules of Construction Applicable Only to Wills

Part 7  Rules of Construction Applicable to Donative Disposition in Wills and Other Governing Instruments

Part 8  General Provisions Concerning Probate and Nonprobate Transfers

Part 9  Disclaimers

Part 10  International Wills

Part 1  General Provisions

Part 2  Venue for Probate and Administration, Priority to Administer, and Demand Notice

Part  3  Informal Probate and Appointment Proceedings

Part 4  Formal Testacy and Appointment Proceedings

Part 5  Supervised Administration

Part 6  Personal Representative and Appointment, Control, and Termination of Authority

Part 7  Duties and Powers of Personal Representative

Part 8  Creditors' Claims

Part 9  Special Provisions Relating to Distribution

Part 10  Closing Estates

Part 11  Collection of Property by Sworn Statement, Small Estates, and Summary Administration Proceedings

Article IV  Foreign Personal Representatives and Ancillary Administration

Part 1  Definitions

Part 2  Powers of Foreign Personal Representatives

Part 3  Jurisdiction Over Foreign Representatives

Part 4  Judgments and Personal Representative

Part 1  General Provisions

Part 2  Guardians of Minors

Part 3  Guardians of Incapacitated Individuals

Part 4  Protection of Property of an Individual Under Disability or of a Minor

Part 5  Durable Power of Attorney and Designation of Patient Advocate

Part 1  Effect of Death

Part 3  Uniform Transfer-On-Death Security Registration

Article VII  Trust Administration

This Article effective from April 1, 2000 has been superceded and replaced by the Michigan Trust Code which appears as a new Article VII  found below which is effective April 1, 2010.

Part 1  Trust Registration

Part 2  Court Jurisdiction Concerning Trusts

Part 3  Duties and Liabilities of Trustees

Part 4  Powers of Trustees

Part 5  Claims Against a Decedent's Revocable Trust

Part 1  General Provisions and Definitions

Part 2  Judicial Proceedings

Part 3  Representation

Part 4  Creation, Validity, Modification and Termination of Trusts

Part 5  Creditor's Claims; Spendthrift and Discretionary Trusts

Part 6  Revocable Trusts

Part 7  Office of Trustee

Part 8  Duties and Powers of Trustee

Part 9  Liability of Trustees and Rights of Persons Dealing with Trustee

Michigan Court Rules - Chapter 5

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Last Updated:  10-5-09

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to: pharter@calhouncountymi.gov