EPIC Questions and Answers - Menu

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Is the definition of "heir" dependent upon the size of a decedent's estate?  (ref. sections 1104(n) and 3982; MCR 5.107(B)(2)) 0664

When there is no personal representative, what form should be used to publish notice to creditors of a revocable trust? (ref. section 7504; MCR 5.113(A)(1)(c)) 0639

If personal notice to a known creditor was not given within the 4 month publication period, is the statute of limitations for bringing claims now three years, regardless of the fact that personal notice was eventually provided?  Should the estate be kept open for 3 years?  What is the personal representative's liability? (ref. sections 3803 and 3805; MCR 5.306(C)) 0637

Should notice regarding a trust proceeding be given to beneficiaries who have already received their designated distributions in full? (ref. sections 1105(d) and 7303; MCR 5.125(B)(2)) 0628

May a personal representative open an estate account in another state? (ref. section 3602; MCR 5.202(B)) 0609

Absent a guardianship or conservatorship, does probate court have jurisdiction to hear a dispute about activity under a power of attorney initiated by a third party? (ref. sections 1302(d), 1303(d) and 1104(e); MCR 5.119 and 5.125(C)(31)) 0601

For intestate succession and interested parties for guardianship, what is the legal relationship between biological brothers and sisters when both of their parents’ rights were terminated, but they were not adopted? (ref. section 2114(3); MCR 5.125(C)(22)) 0588

If the sole interested party is a minor and a parent files an appearance of custodial parent, must a guardian ad litem be appointed for the minor before the court appoints a personal representative?  May a personal representative be appointed by the court without hearing? (ref. section 3414; MCR 5.105(D)(4), 5.104(B)(3)(b) and (B)(4)) 0584

When administration has changed to supervised administration, for what periods must an accounting be filed with the court? (ref. sections 3505 and 3415; MCR 5.310) 0583

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

If there is a premarital agreement, must surviving spouse be served with a notice of right of election?  Should the premarital agreement be filed with the court? (ref. section 2205; MCR 5.305) 0571

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

How may you notice interested persons who are in the military? (ref. section 1401; MCR 5.106(B)) 0562

How and where should an estate be administered when there has been a previous small estate assignment? (ref. sections 1302, 3959 and 3982; MCR 5.312) 0556

When does the statute of limitations for claims expire for a decedent who disappeared? (ref. section 1208(2); MCR 5.306(C)(3)) 0538

Is filing the Notice to Creditors necessary when the decedent was an income/principal beneficiary of her husband's trust? (ref. sections 7504 and 7501; MCR 5.306(C)(1)) 0537

Is a notice of claim required to be given to a secured creditor?  (ref. sections 3801, 3803, 3805, 3809 and 2607; MCR 5.306) 0503

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

May the guardian of the sole beneficiary of a decedent estate receive an accounting for the ward when the accounting was prepared by the guardian in his capacity of personal corepresentative of the decedent estate? (ref. MCR 5.105(D) and 5.121(A)(1)) 0499

What obligation does the personal representative owe to known creditors who have not submitted proof of claims? (ref. sections 3801 and 3806; MCR 5.306) 0497

Does a nominated personal representative who can not be located retain his or her priority?  How must such individual be handled in commencing probate? (ref. sections 3203(1)(a), 3308 and 3414; MCR 5.125, 5.106 and 5.309) 0495

May a parent who has filed an appearance for their minor child commence an estate on behalf of the minor without being appointed conservator for the minor? (ref. MCR 5.302(D)) 0494

Does a minor heir retain priority for appointment as personal representative though unqualified to serve?  Must a guardian ad litem be appointed for the minor?  May a minor's conservator who is also an heir serve as personal representative? (ref. sections 3203 and 3204; MCR 5.121(A)(1)) 0486

When a living trust is not completely funded, what procedure may be used to get the assets of a deceased settlor intended for the trust into the trust? (ref. section 7201; MCR 5.125(B)(3)) 0482

Trustee of a testamentary trust is a Washington resident.  How may the trust be revised and jurisdiction transferred to Washington? (ref. sections 7201, 7202, 7101, and 2705; MCR 5.501) 0475

How may you start an estate when an interested person is now deceased? (ref. section 3203(2); MCR 5.121 and 5.125(E)) 0470

Must an action by a co-trustee to remove the other co-trustee be deemed a civil action? (ref. section 1302(b)(i); MCR 5.101) 0468

How should an estate with no assets which was opened to pursue a wrongful death action be administered after judgment is obtained? (ref. sections 3924 and 3988; MCR 5.312) 0436

Power of Attorney - Is an attorney-in-fact prohibited from self dealing? (ref. sections 1214, 1303(1)(j) and 1103(a); MCR 5.125(C)(31)) 0428

Decedent died in 1953 a resident of another state.  How can decedent's interest in Michigan real estate now be transferred? (ref. sections 3982 and 4203; MCR 5.308(B)(2)) 0426

How should a probate court handle a claim filed against a trust?  How should a claim against a trust be brought? (ref. section 7505; MCR 5.101) 0415

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

Is an incarcerated individual under a legal disability which would require special service if they are an interested person in a decedent's estate? (ref. section 5401; MCR 5.105(D)) 0411

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

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

Can a personal representative seek to have attorney fees reimbursed to the estate from a contestant where the contestant's claim is frivolous? (ref. MCR 5.001, 2.114(F), 2.625(A)(2); MCL 600.2591(2)) 0379

May an attorney in fact under a power of attorney open an estate for a principal's deceased spouse?  Since the principal has disappeared and the spouse has no heirs available, are there other options? (ref. sections 3301, 3401 and 3204(1); MCR 5.114(A)(3)) 0370

Who needs to be served with the selection of homestead allowance and exempt property?  (ref. sections 2402, 2404, and 2202; MCR 5.305(C) and 5.125(C)(5)) 0369

Should a trust created by a will be supervised? (ref. sections 2511 and 7201; MCR 5.502) 0368

When minor children are not properly represented, can a guardian ad litem be appointed to sign a renunciation or take the minor's priority for appointment of a personal representative?  What is the right procedure? (ref. section 1403(d); MCR 5.105(D)) 0350

A trust is payable upon settlor's death to a foundation.  Settlor directs the fund be allocated to two organization.  Must these organizations receive notice for a petition to reform the trust? (ref. section 1105(d); MCR 5.125(D) and (E)) 0349

Is a testamentary trust treated the same as a living trust? (ref. sections 7303(3), 1105(d) and 7504; MCR 5.501(B) and 5.503(A)) 0330

Are the descendants of deceased nieces and nephews deemed to be "heirs" for purposes of noticing up interested persons at the commencement of a decedent's estate? (ref. sections 1104(m) and 2103(3); MCR 5.125(C)(1)) 0322

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

Does a trustee have a right to invoke the court's jurisdiction to hear and settle an account whether there is or is not an actual conflict to address? (ref. sections 7307, 7201(2), 1105(c) and 1302(b)(iii); MCR 5.125(C)(6)) 0318

Who must receive notice for informal appointment to handle a wrongful death claim? (ref. section 2103 and 3924; MCR 5.125(C)) 0312

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

Must there be a publication for claims in an estate where the only asset is a wrongful death settlement? (ref. sections 3924 and 3987; MCR 5.306(C)) 0297

When dealing with a non citizen decedent with whereabouts of heirs unknown, what is the proper procedure for a creditor to follow to appoint a personal representative? (ref. sections 1302, 3201, 3202 and 3403; MCR 5.105(3) and 5.302) 0296

When an application is filed for the sole purpose of having a will admitted to probate what is the requirement for notice and who receives notice?   Should an order be entered closing the matter? (ref. section 3306; MCR 5.125) 0295

In the case of a parental appointment by will, must the will be probated?  How is this different for a parental appointment by written instrument? (ref. section 5202; MCR 5.405(C)) 0290

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

What procedure should be used to probate a will to exercise a testamentary power of appointment? (sections 3301, 3306, 3401, and 3412(1); MCR 5.302(B)) 0286

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

What is the proper procedure for a personal representative to submit his or her claim for a pre death claim ? (ref. sections 3804(3) and 3806(2); MRC 5.307(C)) 0271

What are the time limitations for taking action against a personal representative once an estate is closed? (ref. sections 3951, 3953, 3954 and 3956; MCR 2.612(C), 5.001(A), 5.801 and 7.204) 0268

Do court rules allow a conservator to sell real estate without court approval? (ref. section 5423(3); MCR 5.407(A)) 0266

May a trustee file a petition asking the court to determine which of the trust's competing amendments is valid? (ref.  sections 7201(2) and 1105(c); MCR 5.125(D)) 0264

Can assets be discovered before an estate is opened? (ref. sections 1205(1)(b) and 1302; MCR 5.101(C) and 5.131(B)) 0263

When a claim has been filed with the court after the claims date and then a sworn statement is filed, should the court take any action to make sure the claim has been resolved? (ref. sections 3954(c) and 3955; MCR 5.125(E)) 0262

Who are interested persons for a petition to terminate a trust? (ref. section 1403; MCR 5.125) 0260

Are the venue requirements for civil actions in probate court to collect on account receivables governed by probate court or circuit court rules? (ref. MCR 5.101(C)) 0244

May a court order that a conservatorship be unsupervised thereby eliminating any accounting requirements? (ref. section 5418; MCR 5.409(C)) 0241

Is the payment of fiduciary fees and attorney fees in a supervised administration a "distribution" that requires a court order for the personal representative to make the payment of either or both? (ref. section 3504; MCR 8.303) 0239

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

Is it necessary to have a petition for formal proceedings in order for the personal representative to file a civil action in probate court? (ref. MCR 5.101) 0236

In an estate proceeding, may discovery be taken against a personal representative where no petition or objection is pending? (ref. MCR 5.131) 0230

Who must be served when an interested person is a foreign national? (ref. section 1401(4); MCR 5.125(A)(2)) 0217

Must the proof of service of the notice to creditors required of a trustee of a revocable trust be served on all interested parties? (ref. section 7505; MCR 5.104(A)(1)) 0215

Is there always a separate filing fee for a determination of heirs? (ref. section 3402(1)(a); MCR 5.308(B)) 0213

What discovery options are available once a petition has been filed? (ref. MCR 5.131) 0206

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

Who are the interested persons for commencing administration of an estate with a wrongful death action? (ref. sections 2803, 3301, and 3401; MCR 5.125(C)(2) and 5.125(C)(13)) 0197

May the creditor of a disallowed claim only pursue such claim by filing a civil action? (ref. MCR 5.101(C)) 0196

In transferring a testamentary trust to Michigan, must a Michigan probate court appoint the trustee? (ref. MCR 5.501) 0195

If a trustee of a revocable trust has published for claims upon settlor's death, must the personal representative of a subsequently opened estate again publish? (ref. sections 3801 and 7504; MCR 5.306(C)(4)) 0191

Must an administratively closed file only be opened by petition?  What form should be used? (ref. MCR 5.144 and 5.312) 0184

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

Is it possible to change venue in a guardianship or conservatorship from the county where the ward resides to the county where the guardian or conservator resides? (ref. MCR 5.128(A)) 0180

What is the procedure to contests a claim filed with the trustee after publication? (ref. sections 7504 to 7511; MCR 5.101) 0179

Are papers filed with the probate court public record when proceedings were commenced by informal proceedings?  What if commenced by formal proceedings? (ref. sections 3301, 3401 and 3414; MCR 5.113(D)) 0178

Who must be served with a conservator's accounting? (ref. section 5417; MCR 5.125(C)(6) and 5.409(C)) 0167

How can a distribution in kind be made to a minor heir?  Can an orderfor complete settlement be obtained when there is an outstanding escrow agreement concerning the real estate? (ref. sections 3952 and 3906; MCR 5.105(D)) 0164

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

Does Michigan Court Rule 8.303 concerning attorney fees apply to payment of attorney fees in a conservatorship? (ref. MCR 8.303) 0147

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

What statutes or court rules govern stays for appeals from probate orders? (ref. section 1305; MCR 5.802(C)) 0137

Before informal appointment must there be notice published once a month for 4 consecutive months to notify an interested person with equal priority whose whereabouts are unknown? (ref. section 1208; MCR 5.106 and 5.309) 0132

What action by the court is authorized when a conservator exceeds his or her authority? (ref. sections 1308 and 1309; MCR 5.409(E), 5.204 and 5.121) 0126

How should a court handle the filing by a trustee of a proof of serviceor affidavit of publication showing that the trustee has sent notice to creditors? (ref. section 7504 and MCR 5.104) 0125

Must the Michigan Attorney General be served in the case of informal appointment when the address of one of two daughters is unknown? (ref. MCR 5.125(A)(1)) 0112

How may pending testamentary trusts become unsupervised? (ref. section 7201(2), MCR 5.501(F)) 0056

How do court supervised trusts become unsupervised after April 1, 2000?  How are accounting handled once they become unsupervised? (ref. MCR 5.501(f)) 0050

After a will is formally or informally probated, do heirs still remain as interested persons? (ref. MCR 5.125(C)) 0047

Must there be a determination of heirs in every proceeding? (ref. section 3402, MCR 5.308(B)(1)) 0045

Are heirs interested persons in a testate estate? (ref. section 1105(c) and MCR 5.125(C)) 0038

Should a court issue letters of trusteeship when a successor trustee is appointed? (ref. MCR 5.501(E)) 0032

Must letters of authority for pending cases be extended after April 1, 2000? (ref. section 8101, MCR 5.202) 0029

What are the filing requirements when an Order for Complete Estate Settlement is requested?  What may the court require to be filed in an independent request to the court? (ref. sections 3952, 3415 and MCR 5.307(D) 0025

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

How will the court treat existing testamentary trusts after April 1, 2000? (ref. MCR 5.501(F)) 0012

May papers, not otherwise required to be filed, be filed with the court?   Is there any new uniform set of abbreviations for actions under EPIC?  Will filing fees change? (ref. MCR 5.113(D)) 0001

EPIC Questions and Answers - Menu

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Last Updated: 2-19-10

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