Bill Text: MI SB0192 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Probate; wills and estates; estate administration fee; allow deduction for amount of mortgage on real property. Amends secs. 871 & 877 of 1961 PA 236 (MCL 600.871 & 600.877).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0596'12 [SB0192 Detail]
Download: Michigan-2011-SB0192-Chaptered.html
Act No. 596
Public Acts of 2012
Approved by the Governor
January 8, 2013
Filed with the Secretary of State
January 9, 2013
EFFECTIVE DATE: March 28, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Caswell, Marleau, Emmons, Green and Proos
ENROLLED SENATE BILL No. 192
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 871 and 877 (MCL 600.871 and 600.877), section 871 as amended by 2005 PA 326.
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 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 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 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 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 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 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 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.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
