Bill Text: MI HB4752 | 2017-2018 | 99th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html

HB-4752, As Passed Senate, January 31, 2018

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4752

 

 

 

 

 

 

 

 

 

 

 

     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 Beginning March 28, 2013, 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, Beginning March 28, 2013, 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, Beginning March 28, 2013, 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.

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