Bill Text: MI HB4410 | 2017-2018 | 99th Legislature | Chaptered

Bill Title: Probate; wills and estates; exempt property; allow decedent to exclude adult child by written instrument. Amends sec. 2404 of 1998 PA 386 (MCL 700.2404).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-05-10 - Assigned Pa 143'18 With Immediate Effect [HB4410 Detail]

Download: Michigan-2017-HB4410-Chaptered.html

Act No. 143

Public Acts of 2018

Approved by the Governor

May 9, 2018

Filed with the Secretary of State

May 10, 2018

EFFECTIVE DATE: August 8, 2018




Introduced by Rep. Lucido


AN ACT to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 2404 (MCL 700.2404), as amended by 2000 PA 177.

The People of the State of Michigan enact:

Sec. 2404. (1) The decedent’s surviving spouse is also entitled to household furniture, automobiles, furnishings, appliances, and personal effects from the estate up to a value not to exceed $10,000.00 more than the amount of any security interests to which the property is subject. If there is no surviving spouse, the decedent’s children who are not excluded under subsection (4) are entitled jointly to the same value.

(2) If encumbered assets are selected and the value in excess of security interests, plus that of other exempt property, is less than $10,000.00, or if there is not $10,000.00 worth of exempt property in the estate, the spouse or children who are not excluded under subsection (4) are entitled to other assets of the estate, if any, to the extent necessary to make up the $10,000.00 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to assets to make up a deficiency of exempt property abates as necessary to permit payment of all of the following in the following order:

(a) Administration costs and expenses.

(b) Reasonable funeral and burial expenses.

(c) Homestead allowance.

(d) Family allowance.

(3) The rights under this section are in addition to a benefit or share passing to the surviving spouse or children by the decedent’s will, unless otherwise provided, by intestate succession, or by elective share. The $10,000.00 amount described in this section must be adjusted as provided in section 1210.

(4) The decedent may exclude 1 or more of the decedent’s children from receiving exempt property or assets to make up a deficiency of exempt property under subsection (1) by either of the following means:

(a) The decedent by will expressly states either of the following:

(i) The child takes nothing.

(ii) The child takes an amount of $10.00 or less from the estate.

(b) The decedent by will expressly states that the child is not to receive exempt property under this section.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate