Michigan Compiled Laws 386-1998-iii-4 Part 4 Formal Testacy And Appointment Proceedings (700.3401...700.3415)

• Section 700.3401 Formal Testacy Proceedings; Nature; Commencement.
  (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. An interested person or a person that has...
• Section 700.3402 Formal Testacy Or Appointment; Proceedings; Petition; Contents.
  (1) A petition for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative...
• Section 700.3403 Formal Testacy Proceedings; Notice Of Hearing On Petition.
  (1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. The petitioner shall give notice in...
• Section 700.3404 Formal Testacy Proceedings; Written Objections To Probate.
  A party to a formal proceeding who opposes the probate of a will for any reason shall state in his or her pleadings the...
• Section 700.3405 Formal Testacy Proceedings; Uncontested Cases; Hearings And Proof.
  (1) If a petition in a testacy proceeding is unopposed, the court may either order probate or intestacy on the strength of the pleadings...
• Section 700.3406 Formal Testacy Proceedings; Contested Cases; Testimony Of Attesting Witnesses.
  (1) If evidence concerning execution of an attested will that is not self-proved is necessary in a contested case, the testimony of at least...
• Section 700.3407 Formal Testacy Proceedings; Burdens In Contested Cases.
  (1) All of the following apply in a contested case: (a) A petitioner who seeks to establish intestacy has the burden of establishing prima...
• Section 700.3408 Formal Testacy Proceedings; Will Construction; Effect Of Final Order In Another Jurisdiction.
  This state's court shall accept as determinative a final order of a court of another state determining testacy, or the validity or construction of...
• Section 700.3409 Formal Testacy Proceedings; Order; Foreign Will.
  (1) After the time expires for any required notice, upon proof of notice and after a hearing, if necessary, if the court finds that...
• Section 700.3410 Formal Testacy Proceedings; Probate Of More Than One Instrument.
  If 2 or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than 1 instrument...
• Section 700.3411 Formal Testacy Proceedings; Partial Intestacy.
  If it becomes evident in the course of a formal testacy proceeding that, though 1 or more instruments are entitled to be probated, the...
• Section 700.3412 Formal Testacy Proceedings; Effect Of Order; Vacation.
  (1) Subject to appeal and subject to vacation as provided in this section and section 3413, a formal testacy order under sections 3409 to...
• Section 700.3413 Formal Testacy Proceedings; Vacation Of Order For Other Cause.
  For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. History: 1998,...
• Section 700.3414 Formal Proceedings Concerning Appointment Of Personal Representative.
  (1) An interested person or a person that has a right or cause of action that cannot be enforced without appointment may file a...
• Section 700.3415 Independent Applications To Court.
  Unless supervised administration is sought and ordered, each person interested in an estate, including a personal representative, whether appointed informally or after notice, may...

Last modified: October 10, 2016