EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

----------------

How should a personal representative abandon an interest in property? (ref. sections 3715(k), 3704 and 3415) 0630

May the personal representative evict an individual from estate property where he is one of the heirs of the estate? (ref. sections 3709 and 3715) 0629

Can the agent under a general durable power of attorney act for the incapacitated personal representative until the personal representative’s death? (ref. sections 3715(v), 1510 and 5501) 0615

What needs to be included in service by publication for commencing probate administration? (ref. section 3705; MCR 5.105(A)(3), 5.106(B) and 5.107) 0569

What powers does a personal representative and trustee have to administer an estate where the decedent was the sole shareholder of a closely held corporation? (ref. sections 3715(p), 3715(l), 3715(r) and 7401(q)) 0557

May a personal representative pay himself or herself with out prior court approval?  Who determines what is a reasonable fee when a fiduciary hires a professional? (ref. sections 3719(1), 3715(v), 3721, and 5423(y)) 0551

Will a personal representative's failure to serve a copy of the decedent estate's inventory on a creditor extend the time period for the creditor to file a civil action? (ref. sections 3804(2), 3806, 3706(2) and 1103(p)) 0546

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

Are creditors required to send notices of claims to both personal corepresentatives or to just one? (ref. section 3717; MCR 5.306(D)) 0501

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

Can a personal representative sell real estate for the appraised value without more? (ref. sections 3715(y) and 3703(4)) 0480

If a spouse elects to take against the will, is real property located in another state included in the computation? (ref. sections 2102(1), 2202(2)(b) and 3706(1)) 0464

What procedure should be used by a foreign personal representative to purchase Michigan real estate from an estate? (ref. sections 4203, 4205 and 3713) 0424

Is a personal representative required to prepare an account when he or she is the only interested person? (ref. sections 3954 and 3703(4)) 0417

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

May a personal representative carry out written burial instructions?  May a personal representative make burial arrangements absent written instructions? (ref. section 3701) 0412

May a person who has been appointed as a fiduciary delegate his or her powers to a third party by the use of a power of attorney? (ref. sections 3715(v), 3717, 7401(v) and 7406) 0408

May a foreign personal representative who files the required evidence of their foreign appointment with a court sell real estate in Michigan? (ref. sections 4203(2) and 3715(f)) 0397

May personal corepresentatives each have there own attorney?  Must the estate pay for both attorneys? (ref. section 3715(w); MCR 5.117(A) 0392

How should a subsequent suit on a disallowed claim be coordinated with the separately running probate case? (ref. sections 3806, 1302, 1303, 3951, 3954 and 3703) 0381

Is a fiduciary fee based upon a percentage of the probate estate a reasonable method to compute compensation? (ref. sections 3719 and 3921) 0360

May a conservator after the death of the ward deliver the assets of the conservatorship to the personal representative of the deceased ward's estate before the conservator has filed a final account or been discharged? (ref. sections 5426 and 3701) 0353

When the decedent has assets in another state are those assets part of the inventory?  Are inventory fees collected? (ref. section 3706(1); MCL 600.871(1)) 0347

May the personal representative settle a case by accepting case evaluation or otherwise settle it without court approval? (ref. section 3715; MCR 5.120) 0309

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

Can I make a partial distribution without court authority? (ref. sections 3704 and 3504) 0293

Can a petitioner withdraw a petition for the sale of real estate once an objection is filed?  Can a personal representative in supervised administration sell real estate by "closed bid"? (ref. sections 3501(3) and 3715(y); MCR 5.207) 0287

May all interested persons waive a personal representative's accounting requirement? (ref. sections 3703(4), 3956 and 1402; MCR 5.104(B)(2)) 0280

May a personal representative grant a qualified conservation easement for less than full consideration? (ref. section 3715) 0254

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

Should a probate court provide a refund of an inventory fee where an amend inventory is filed showing that the value of real estate has deceased based upon the sale of that real estate? (ref. section 3708) 0247

Is there an inventory fee charged when the estate has no assets as happens in some wrongful death cases? (section 3706; MCL 600.871(1)) 0246

Is there a requirement for notice to adult children regarding the homestead allowance, family allowance, or exempt property when there is no surviving spouse? (ref. sections 2402, 2403, 2404, and 3705; MCR 5.305(A)) 0238

In supervised administration, must the personal representative petition for the sale of real estate?  Is the sale of real estate a "distribution"? (ref.  sections 3504, 3704, 3715(y) and 1103(p)) 0214

Must the inventory of a decedent's estate include items such as life insurance policies and IRAs with designated beneficiaries? (ref. section 3706) 0211

If a will simply passes all assets of the estate into a trust, what needs to be inventoried?  How is a wrongful death action inventoried?  What is the inventory fee when the value is zero? (ref. sections 3706 and 3924(2)) 0208

After a determination of formal testacy, must the personal representative send notice of his duties and attorney fee agreement to heirs who are not otherwise devisees? (ref. section 3705) 0192

When is the inventory and account due for a successor personal representative? (ref. sections 3706(1) and 3703(4); MCR 5.310) 0181

In an unsupervised administration who must receive copies of the inventory and accounts? (ref. sections 3706(2), 3954(1)(d), 1103(p) and 1105(c); MCR 5.125) 0153

Must an account filed by a personal representative meet the same requirements as an account filed by a trustee? (ref. sections 3703(4) and 7307(3); MCR 5.310(C)) 0152

What event should be the beginning date for tracking when a notice of continued administration needs to be filed?   What event should be the beginning date for tracking when an account must be filed?  What fiduciaries need to file an inventory? (ref. sections 3951 and 3706; MCR 5.310 and 5.204(B)) 0141

Must the personal representative provide copies of the U.S. and Michigan Estate Tax returns to children of the deceased? (ref. section 3703) 0135

If one does not follow accouting standards set forth in the Estates and Protected Individauls Code (EPIC) to take advantage of 1 year protection, how many years will fiduciary be open to liability? (ref. section 3707) 0120

Is a personal representative required to prepare and file tax returns? (ref. sections 3709, 3805, 3807) 0086

Are accountings required of all personal representatives?  Must the accountings be filed with the  court? (ref. section 3703) 0060

Must a filing fee be paid when the Account of Fiduciary (PC 583, 584) is filed? (ref. section 3703(4); MCR 5.308(A), 5.409(C) ) 0017

EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

Last Updated:  1-20-09

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