Bill Text: MI HB4752 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Probate; wills and estates; fee ratio and reporting requirement; revise, and remove sunset. Amends secs. 871 & 877 of 1961 PA 236 (MCL 600.871 & 600.877).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-02-22 - Assigned Pa 33'18 With Immediate Effect [HB4752 Detail]
Download: Michigan-2017-HB4752-Introduced.html
HOUSE BILL No. 4752
June 13, 2017, Introduced by Rep. Kesto and referred to the Committee on Law and Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 871 and 877 (MCL 600.871 and 600.877), as
amended by 2012 PA 596.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 871. (1) In all decedents' estates in which proceedings
are instituted for probate, the probate court shall charge and
collect the following fees as an expense of administration on the
value of all assets, as of the date of death of the decedent, as
follows:
(a) In an estate of value of less than $1,000.00, $5.00 plus
1% of the amount over $500.00.
(b) In an estate of value of $1,000.00 or more, but less than
$3,000.00, $25.00.
(c) In an estate of value of $3,000.00 or more but less than
$10,000.00, $25.00 plus 5/8 of 1% of the amount over $3,000.00.
(d) In an estate of value of $10,000.00 or more but less than
$25,000.00, $68.75 plus 1/2 of 1% of the amount over $10,000.00.
(e) In an estate of value of $25,000.00 but less than
$50,000.00, $143.75 plus 3/8 of 1% of the amount over $25,000.00.
(f) In an estate of value of $50,000.00 but less than
$100,000.00, $237.50 plus 1/4 of 1% of the amount over $50,000.00.
(g) In an estate of value of $100,000.00 to $500,000.00,
$362.50 plus 1/8 of 1% of the amount over $100,000.00.
(h) For each additional $100,000.00 value, or larger fraction
thereof, over $500,000.00, $62.50.
(i) For each additional $100,000.00 value, or larger fraction
thereof, over $1,000,000.00, $31.25.
(2)
Until December 31, 2017, in In
calculating a fee under
subsection (1), if real property that is included in the estate is
encumbered by or used as security for an indebtedness, the amount
of
the indebtedness shall must
be deducted from the value of the
real property.
(3) The fees in subsection (1), rounded to the whole dollar,
are due and payable to the probate court on or before the closing
of the estate or within 1 year after the commencement of probate
proceedings,
whichever occurs first. A The
probate court shall not
accept
a final accounting shall not be
accepted by the probate
court
until the fees are paid in full and
shown as part of the
final
accounting. An official receipt shall must be issued to the
payer when the fees are collected.
(4)
By March 31, 2015 and each March 31 until March 31, 2018,
the
probate court shall do all of the following:
(a)
Calculate the value of all assets in each estate in the
immediately
preceding calendar year.
(b)
If real property that is included in the estate is
encumbered
by or used as security for an indebtedness, subtract
from
the result of the calculation in subdivision (a) the total
amount
of the indebtedness.
(c)
Calculate the total amount of all fees collected under
subsection
(1) in the immediately preceding calendar year.
(d)
Submit to the state court administrative office the
results
under subdivisions (a), (b), and (c).
Sec. 877. All fees received by the probate court during each
month
under sections 871 to 874 shall must
be paid on or before the
tenth day of the succeeding month as follows:
(a)
Until December 31, 2017, 47.5% of each fee shall must be
paid to the county treasurer and credited to the county general
fund.
Beginning January 1, 2018, 40% of each fee shall be paid to
the
county treasurer and credited to the county general fund.
(b)
Until December 31, 2017, 52.5% of each fee shall must be
paid to the state treasurer and credited to the state general fund.
Beginning
January 1, 2018, 60% of each fee shall be paid to the
state
treasurer and credited to the state general fund.
