EPIC Questions and Answers - Menu
May a personal representative open an estate account in another state? (ref. section 3602; MCR 5.202(B)) 0609
Can a probate estate be opened for the sole purpose of obtaining medical records of the deceased? (ref. sections 1106(n), 3614, 3616 and 3617) 0505
If a property of an estate has environmental damage, how should the cost of cleanup be treated by the estate? Can the estate abandon the property? (ref. sections 3805, 3722 and 3601) 0493
If a devisee survives the decedent but not distribution of the estate, what procedure should be followed by the personal representative in making distribution? (ref. sections 2604, 2702, 3614 and 3916) 0431
If a personal representative fails to timely file an inventory or other paper must the court suspend him or her? Must a special fiduciary then be appointed? (ref. sections 3706, 3611, 3613, 3614 and 1308(1); MCR 5.203 and 5.307) 0413
If a personal representative has been appointed, what happens procedurally when there is a change in testacy status? (ref. sections 1308(2), 1309(b), 3401, 3612 and 2202) 0395
Can a register immediately appoint an interested person special personal representative without notice to those with equal priority? (ref. sections 3614(a), 3615 and 3307; MCR 5.202) 0382
Personal representative of intestate estate "A" dies. A personal representative "S" of estate of the deceased personal representative is appointed pursuant to will. Does "S" have any priority to be appointed successor personal representative for estate "A"? (ref. sections 3203, 3204 and 3613) 0355Top of Page
May a special personal representative be appointed immediately and start a wrongful death lawsuit? (ref. sections 1106(n), 3614, 3616 and 3617) 0342
When, subsequent to appointment, a will is discovered which may change testacy status, what responsibility does the court or personal representative have to interested persons? (ref. sections 3612, 3301(1)(d), 3414(2), 3402 and 1309(a)) 0310
What is the procedure when an instrument purporting to be the last will and testament is filed after the appointment of a personal representative by application? (ref. section 3612) 0307
What certification date should used for Letters after a certificate of completion has been filed but before year has lapsed? (ref. sections 3612 and 3954) 0304
Does 700.3601(3) allow a personal representative to abandon contaminated property and therefore allow the balance of the estate to pass free and clear of the contaminated property to the heirs of the estate? (ref. sections 3601 and 3715(k)) 0300
After the filing of a sworn statement, does the authority of the personal representative continue for one year if a Certificate of Completion has been filed? (ref. sections 3610(1) and 3954(2)) 0299
How can real estate subject to a land contract be abandoned by a personal representative? (ref. section 3601) 0259
What action needs to be taken when a personal representative dies or resigns and a successor personal representative is appointed to discharge the duties of the original personal representative? (ref. sections 3609, 3610(3), 3703(4) and 3953) 0249
Can a resident of Canada be appointed as personal representative? (ref. sections 3203 and 3602) 0212
What is the easiest way for a deed be given by a vendor's estate to vendees for a land contract paid before vendor's death? (ref. section 3617) 0202Top of Page
After an estate has been closed, may a personal representative retain authority to do particular acts specified by a court? (ref. sections 3608, 3610, 3951) 0140
Does EPIC allow for beneficiaries to agree to alter shares to settle a dispute? May beneficiaries agree to change the personal representative? (ref. sections 3914, 7207 and 3610) 0114
Do you need a resident agent appointed for a fiduciary who does not lives in Michigan? (ref. sections 3203, 3204, and 3602) 0109
When may a special fiduciary be appointed? May a special personal representative be appointed in an informal proceeding without a request for a general personal representative? (ref. sections 1309, 3614) 0090
How soon can a funeral home proceed to have someone appointed to make funeral arrangements? (ref. sections 3301, 3203, 3615) 0088
How may a successor personal representative be appointed? (ref. sections 3610, 3611) 0064
When are bonds required? When must there be a surety? (ref. section 3604) 0035
Does a non-resident personal representative need to file a designation of and acceptance by registered agent under EPIC? (ref. section 3602) 0031
What are the register's responsibilities in setting bond? (ref. sections 3603, 3604 and 3605)0009
What is the court's responsibility once a personal representative files a resignation? (ref. section 3610) 0008Top of Page
EPIC Questions and Answers - Menu
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Last Updated: 2-22-08
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