Article III, Part 1  General Provisions - Menu

EPIC Questions and Answers - Menu

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May the wife's judgment creditor petition to open the husband's estate so as to be able to serve a garnishment on the estate for amounts owed the wife? (ref. sections 3105, 3401 and 1105(c)) 0600

What are the steps needed to establish a testamentary trust in the probate court? ref. sections 3102; MCR 5.501(E)) 0580

Does an unprobated pour over will effect a transfer of real estate to a living trust by operation of law pursuant to MCL 700.2511(b)(2)? (ref. sections 2511, 3101, 3102 and 3708) 0531

Decedent dies with estate assets under $15,000, has heirs and has pour over will and trust.  Can the affidavit procedure be used to turn assets over to the trustee? (ref. sections 3983 and 3102) 0332

Where no probate is required, is it necessary to have the will admitted to probate in order for a testamentary trust to be active and for the trustee to assume its duties under the trust? (ref. section 3102; MCR 5.501(E)) 0319
May an estate be assigned to the beneficiary of an unprobated will in a small estate proceeding? (ref. sections 3982, 3983, 3102 and 1107(g)) 0226
When is the effective date of publishing Notice to Creditors (Decedent's Estate) (PC 574) in order to time bar a creditor's claim? (ref. sections 3104 and 3801; MCR 5.306) 0203
Can the court appoint a personal representative named in a will without probating the will? (ref. section 3102) 0080
Can the register appoint a personal representative named in a will without probating the will? (ref. sections 3102, 3309, 3308) 0079
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Last Updated:  9-17-07

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