Bill Text: MI HB5103 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Probate; other; priority of appointment of a special personal representative; clarify. Amends secs. 3203 & 3204 of 1998 PA 386 (MCL 700.3203 & 700.3204).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2020-03-10 - Assigned Pa 59'20 With Immediate Effect [HB5103 Detail]
Download: Michigan-2019-HB5103-Introduced.html
HOUSE BILL NO. 5103
October 15, 2019, Introduced by Reps. Wakeman,
Howell, Lightner, Wozniak and Marino and referred to the Committee on
Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 3203 and 3204 (MCL 700.3203 and 700.3204), as amended by 2018 PA 13.
the people of the state of michigan enact:
Sec. 3203. (1) For either formal or informal
proceedings, subject to subsection (2), persons who are not disqualified have
priority for appointment as a general personal
representative in the following order:
(a) The person with
priority as determined by a probated will including a person nominated by a
power conferred in a will.
(b) The decedent's
surviving spouse if the spouse is a devisee of the decedent.
(c) Other devisees of the
decedent.
(d) The decedent's
surviving spouse.
(e) Other heirs of the
decedent.
(f) After 42 days after
the decedent's death, the nominee of a creditor if the court finds the nominee
suitable.
(g) After 63 days after
the decedent's death, or if the court determines exigent circumstances exist,
the state or county public administrator if any of the following apply:
(i) No interested person applied or petitioned for appointment
of a personal representative within 63 days or the number of days determined by
the court under this subdivision after the decedent's death.
(ii) The decedent died
apparently leaving no known heirs.
(iii) There is no
spouse, heir, or beneficiary under a will who is a United States resident and
is entitled to a distributive share in the decedent's estate.
(2) An objection to the appointment of a personal
representative may be made only in a formal proceeding. If an objection is
made, the priorities prescribed by subsection (1) apply except in either of the
following circumstances:
(a) If the estate appears to be more than adequate to meet
exemptions and costs of administration but inadequate to discharge anticipated
unsecured claims, on petition of creditors, the court may appoint any qualified
person.
(b) If a devisee or heir who appears to have a substantial
interest in the estate objects to the appointment of a person whose priority is
not determined by will, the court may appoint a person who is acceptable to the
devisees and heirs whose interests in the estate appear to be worth in total
more than 1/2 of the probable distributable value or, if no person is
acceptable to these devisees and heirs, any suitable person.
(3) A person entitled to letters under subsection (1)(b) to
(e) may nominate a qualified person to act as personal representative. A person
may renounce his or her right to nominate or to an appointment by filing an
appropriate writing with the court. If 2 or more persons share a priority,
those of them who do not renounce shall concur in nominating another to act for
them or in applying for appointment.
Sec. 3204. (1) A conservator of a protected
individual's estate or, if there is no conservator, a guardian of a minor or
legally incapacitated individual may exercise the same right to nominate, to
object to another's appointment, or to participate in determining the
preference of a majority in interest of the devisees and heirs that the
protected individual or ward would have if qualified for appointment.
(2) Except as provided in
sections 3308(1)(f) and 3310, a person who does not have priority prescribed in
section 3203(1)(a) to (f), including priority resulting from renunciation or
nomination determined under this section or section 3203, shall be appointed
only in a formal proceeding. The state or county public administrator must be
appointed only in a formal proceeding. Before appointing the state or county
public administrator or any other person without priority, the court shall
determine that persons having priority have been notified of the proceedings
and have failed to request appointment or to nominate another person for
appointment, and that administration is necessary.
(3) A person is not
qualified to serve as a personal representative if the person is either under
the age of 18 or is a person whom the court finds unsuitable in formal
proceedings.
(4) A personal
representative appointed by a court of the decedent's domicile has priority
over all other persons except if the decedent's will nominates different
persons to be personal representatives in this state and in the state of
domicile. The domiciliary personal representative may nominate another person,
who then has the same priority as the domiciliary personal representative.
(5) This section and section 3203 govern priority for appointment of a general personal representative or successor personal representative, but do not apply to the selection of a special personal representative.
