Lexis Nexis LexisNexis Practice Guide: Michigan Probate and Estate Administration
Select a format
International Order Inquiry
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
The total price includes the product(s) listed in the Order Form and any Updates for a limited period (minimum period of 30 days) after the order is placed ("Order Window"). Shipping and handling fees are not included in the grand total price.
All shipments may be returned, at subscribers' expense, for full credit of the Price within 30 days of receipt.
Shipments may not be returned, and no credits will be issued, more than 30 days after receipt.
After the Order Window, subscribers will receive notice of Updates along with the then-current grand total price and order process as Updates become available. Subscribers will only be shipped those Updates they specifically request.
Product description
View a sample of this title using the ReadNow feature
The LexisNexis Practice Guide: Michigan Probate and Estate Administration provides clear and concise explanations of the fundamentals of Michigan probate and estate administration practice, checklists to ensure that practitioners address all of the salient points in any transaction, professional tips for both beginning and experienced practitioners, and alerts to traps for the unwary practitioner. To further enhance the usefulness of the practice guide to practitioners, the Practice Guide incorporates both official and unofficial forms needed to complete the estate administration process.
The 2022 edition ISBN is 9781663346797.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Featured Authors
Dustin S. Foster
Dustin S. Foster is a Professor at the WMU—Thomas M. Cooley Law School, and is the Executive Director for the Sixty Plus, Inc., Elderlaw Clinic. He is a graduate of La Salle University, B.A. 1994, and of the Thomas M. Cooley Law School, J.D. 1997. Mr. Foster has lectured about estate planning matters. Prior to joining Thomas M. Cooley Law School, Mr. Foster was an associate with Bernick, Omer, Radner & Ouellette, P.C., practicing in the areas of estate planning, probate, elder law and family law. He is a member of the National Academy of Elder Law Attorneys, the American Bar Association, State Bar of Michigan, Oakland County Bar Association, and the Ingham County Bar Association. He is also a recipient of the Institute of Continuing Legal Education Probate and Estate Planning Certificate.
Table of contents
CHAPTER 1 INTRODUCTION TO ESTATE ADMINISTRATION: AN APPROACH TO THE ASSIMILATION AND MANAGEMENT OF INFORMATION
PART I: OVERVIEW
§ 1.01 Scope of Chapter
§ 1.02 Estate Administration Overview
PART II: PRACTICE CONSIDERATIONS
§ 1.03 Preliminary Steps in Probate Administration
PART III: INFORMAL AND SUPERVISED ADMINISTRATION
§ 1.04 Informal Versus Supervised Administration
PART IV: FORMS AND CHECKLISTS
§ 1.05 CHECKLIST: Informal/Supervised Administration: The Initial Steps
§ 1.06 CHECKLIST: Basic Tax Planning Checklist
§ 1.07 CHECKLIST: Considerations for First Meeting with Family or Personal Representative
§ 1.08 Docket of Active Informal Probate Estates
§ 1.09 Docket of Active Supervised Estates
CHAPTER 2 SMALL ESTATES
PART I: CHAPTER OVERVIEW
§ 2.01 Scope
§ 2.02 Overview of Small Estate Considerations
PART II: ADMINISTRATION OF SMALL ESTATES
§ 2.03 Summary Procedures
§ 2.04 Practice Tips
§ 2.05 Administration of Net Estate Less Than Exemptions and Allowances for Surviving Spouse and Children
PART III: TRANSFER OF PROPERTY
§ 2.06 Order and Petition for Assignment and Order for Assignment
§ 2.07 Affidavit Procedure
§ 2.08 Vehicles with Value of $60,000 or Less: Certification from Heir to a Vehicle
§ 2.09 Assets Limited to Wages and Fringe Benefits Payable by an Employer
§ 2.10 De Minimis Considerations: $500 and Wearing Apparel
PART IV: CHECKLISTS AND FORMS
§ 2.11 List of Forms Needed for Summary Administrative Proceedings Administration
§ 2.12 FORM: Petition for Assignment and Order for Assignment
§ 2.13 FORM: Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent (PC 598)
§ 2.14 FORM: Certification from the Heir to a Vehicle (TR-29)
§ 2.15 FORM: Application for Informal Probate and/or Appointment of Personal Representative (PC 558)
§ 2.16 FORM: Petition for Probate and/or Appointment of Personal Representative (PC 559)
§ 2.17 FORM: Testimony to Identify Heirs and Devisee Heirs (PC 565)
§ 2.18 FORM: Supplemental Testimony to Identify Nonheir Devisees (PC 566)
§ 2.19 FORM: Register’s Statement (PC 568)
§ 2.20 FORM: Bond of Fiduciary (PC 570)
§ 2.21 FORM: Acceptance of Appointment (PC 571)
§ 2.22 FORM: Letters of Authority for Personal Representative (PC 572)
§ 2.23 FORM: Notice of Appointment and Duties of Personal Representative (PC 573)
§ 2.24 FORM: Notice to Spouse of Rights of Election and Allowances, Proof of Service, and Election (PC 581)
§ 2.25 FORM: Inventory (Decedent Estate) (PC 577)
§ 2.26 FORM: Account of Fiduciary (PC 583 or PC 584)
§ 2.27 FORM: Sworn Closing Statement, Summary Proceeding, Small Estates (PC 590)
§ 2.28 FORM: Certificate of Completion (PC 592)
§ 2.29 FORM: Protected Personal Identifying Information (MC 97)
§ 2.30 FORM: Addendum to Protected Personal Identifying Information (MC 97a)
CHAPTER 3 INFORMAL ADMINISTRATION
PART I: CHAPTER OVERVIEW
§ 3.01 Scope
§ 3.02 Overview of Informal Probate Administration
PART II: FUNDAMENTALS OF PROBATE
§ 3.03 Statutes Related to Probate
§ 3.04 Access to Safe Deposit Box
PART III: PROBATE AND ESTATE ADMINISTRATION FEES
§ 3.05 Statutory Fees
PART IV: ANCILLARY PROBATE PROCEEDINGS
§ 3.06 Ancillary Probate Proceedings
PART V: CHECKLISTS AND FORMS
§ 3.07 FORM: List of Forms Used in Informal Probate Administration
§ 3.08 FORM: Application for Informal Probate and/or Appointment of Personal Representative or Petition for Probate and/or Appointment of Personal Representative
§ 3.09 FORM: Testimony to Identify Heirs and Devisee Heirs
§ 3.10 FORM: Supplemental Testimony to Identify Nonheir Devisees
§ 3.11 FORM: Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice
§ 3.12 FORM: Acceptance of Appointment
§ 3.13 FORM: Register’s Statement
§ 3.14 FORM: Bond of Fiduciary
§ 3.15 FORM: Personal Representative’s Notice to the Friend of the Court
§ 3.16 FORM: Notice to Creditors—Decedent’s Estate
§ 3.17 FORM: Sample Letter to Personal Representative Regarding Claims
§ 3.18 FORM: Notice of Intent to Request Informal Appointment of Personal Representative
§ 3.19 FORM: Letters of Authority for Personal Representative
§ 3.20 FORM: Notice of Appointment and Duties of Personal Representative
§ 3.21 FORM: Inventory
§ 3.22 FORM: Notice to Spouse of Rights of Election and Allowances, Proof of Service and Election
§ 3.23 FORM: Notice of Continued Administration
§ 3.24 FORM: Account of Fiduciary (Forms PC 583 and PC 584)
§ 3.25 FORM: Sworn Statement to Close Unsupervised Administration
§ 3.26 FORM: Certificate of Completion
§ 3.27 CHECKLIST: Unsupervised Administration Checklist
§ 3.28 CHECKLIST: Alternate Version Informal Estate Administration Checklist
§ 3.29 FORM: Petition and Order to Open Safe Deposit Box to Locate Will or Burial Deed (PC 551)
§ 3.30 FORM: Notice of Foreign Administration Filing (PC 619)
CHAPTER 4 SUPERVISED ADMINISTRATION
PART I: CHAPTER OVERVIEW
§ 4.01 Scope
§ 4.02 Overview of Supervised Administration
PART II: ESTATES AND PROTECTED INDIVIDUALS CODE (EPIC)
§ 4.03 Supervised Probate Administration
PART III: COMPENSATION
§ 4.04 Compensation of Personal Representatives and Attorneys
PART IV: EXPLANATION OF FORMS NEEDED FOR PROBATE PROCEEDINGS
§ 4.05 Brief Synopses of Forms Needed for Probate Administration
PART V: CHECKLISTS AND FORMS
§ 4.06 CHECKLIST: Supervised Administration Checklist
§ 4.07 CHECKLIST: Alternate Supervised Estate Administration Checklist
§ 4.08 FORM: Petition for Probate and/or Appointment of Personal Representative (PC 559)
§ 4.09 FORM: Petition for Supervised Administration After Previous Adjudication (PC 560)
§ 4.10 FORM: Proof of Service (PC 564)
§ 4.11 FORM: Order of Formal Proceedings (PC 569)
§ 4.12 FORM: Waiver and Consent (PC 561)
§ 4.13 FORM: Bond of Fiduciary (PC 570)
§ 4.14 FORM: Letters of Authority of Personal Representative (PC 572)
§ 4.15 FORM: Notice of Hearing (PC 562)
§ 4.16 FORM: Publication of Notice of Hearing (PC 563)
§ 4.17 FORM: Inventory (PC 577)
§ 4.18 FORM: Account of Fiduciary—Short Form (PC 583)
§ 4.19 FORM: Account of Fiduciary—Long Form (PC 584)
§ 4.20 FORM: Petition to Allow Account(s) (PC 585a)
§ 4.21 FORM: Order Allowing Account(s) (PC 585b)
§ 4.22 FORM: Receipt of Distributive Share Personal Property (PC 588)
§ 4.23 FORM: Petition for Adjudication of Testacy and Complete Estate Settlement (PC 594)
§ 4.24 FORM: Petition for Complete Estate Settlement, Testacy Previously Adjudicated (PC 593)
§ 4.25 FORM: Order for Complete Estate Settlement (PC 595)
§ 4.26 FORM: Order of Discharge (PC 597)
§ 4.27 FORM: Request for Certificate of No Michigan Estate Tax Liability (Form 2356)
§ 4.28 FORM: Application for Employer Identification Number (IRS Form SS-4)
§ 4.29 FORM: Notice Concerning Fiduciary Relationship (IRS Form 56)
§ 4.30 FORM: Notice Concerning Fiduciary Relationship of Financial Institution (IRS Form 56-F)
§ 4.31 FORM: Appearance (MC 02)
§ 4.32 FORM: Notice Regarding Attorney Fees (PC 576)
§ 4.33 FORM: Independent Personal Representative
§ 4.34 FORM: Fee Agreement
CHAPTER 5 ELECTIONS, ALLOWANCES AND EXEMPT PROPERTY
PART I: CHAPTER OVERVIEW
§ 5.01 Scope
§ 5.02 Overview of Elections, Allowances, and Exempt Property
PART II: ELECTIONS
§ 5.03 Elections by the Surviving Spouse
PART III: FAMILY RIGHTS AND ALLOWANCES
§ 5.04 Other Family Rights and Allowances
PART IV: EXEMPT PROPERTY
§ 5.05 Exempt Property
§ 5.06 Selection, Determination and Documentation
§ 5.07 Cost of Living Adjustments to Homestead and Family Allowance and Exempt Property
PART V: CHECKLISTS AND FORMS
§ 5.08 FORM: Notice to Spouse of Rights of Election and Allowances, Proof of Service, and Election
§ 5.09 FORM: Selection of Homestead Allowance and Exempt Property—PC 582
CHAPTER 6 DISCLAIMERS
PART I: CHAPTER OVERVIEW
§ 6.01 Scope
§ 6.02 Overview of Disclaimers
PART II: QUALIFIED DISCLAIMERS UNDER FEDERAL AND STATE LAW
§ 6.03 Circumstances in Which Disclaimers Are Useful
§ 6.04 Federal Law Governing Disclaimers
§ 6.05 The Michigan Disclaimer of Property Interests Law
PART III: CHECKLISTS AND FORMS
§ 6.06 FORM: Disclaimer of Interest in Property_1
§ 6.07 FORM: Disclaimer of Interest in Property_2
CHAPTER 7 SETTLEMENT AGREEMENTS AND OTHER LITIGATION MATTERS
PART I: CHAPTER OVERVIEW
§ 7.01 Scope
§ 7.02 Overview of Settlement Agreements and Other Litigation Matters
PART II: INTENTIONS OF DECEDENT VERSUS WISHES OF SURVIVORS
§ 7.03 Intentions of Decedent Versus Wishes of Survivors
PART III: SETTLEMENT AGREEMENTS
§ 7.04 Settlement of Disputes Involving Wills and Trusts
PART IV: LITIGATION RELATED TO ESTATE AND TRUST ADMINISTRATION
§ 7.05 Choosing the Correct Forum
§ 7.06 Jurisdictional Provisions
§ 7.07 Wrongful Death
CHAPTER 8 POST-MORTEM TAX CONSIDERATIONS
PART I: CHAPTER OVERVIEW
§ 8.01 Scope
§ 8.02 Overview of Post-Mortem Tax Considerations
PART II: DECEDENT’S FINAL INCOME TAX RETURN
§ 8.03 Filing a Decedent’s Final Income Tax Returns
§ 8.04 Miscellaneous Post-Mortem Tax Considerations
PART III: ESTATE’S FIDUCIARY INCOME TAX RETURN
§ 8.05 Estate’s Fiduciary Income Tax Returns
PART IV: FEDERAL ESTATE TAX RETURN
§ 8.06 Federal Estate Tax Return
PART V: FORMS AND CHECKLISTS
§ 8.07 CHECKLIST: Documents Needed When Filing Form 706
§ 8.08 FORM: Federal Form 1041—Fiduciary Income Tax Return
CHAPTER 9 MICHIGAN DEATH TRANSFER TAXES
PART I: CHAPTER OVERVIEW
§ 9.01 Scope
§ 9.02 Overview of Michigan Transfer Taxes
PART II: MICHIGAN ESTATE TAX ACT
§ 9.03 Overview of the Michigan Estate Tax Act (MCL 205.231 et seq.)
§ 9.04 Resident Decedents with Out-of-State Property
§ 9.05 Nonresident Decedents with Michigan Property
§ 9.06 Generation-Skipping Transfer Tax
§ 9.07 Due Dates for Paying and Filing
§ 9.08 Collection of Tax
§ 9.09 Liability for Payment of Tax
§ 9.10 Lien for Payment of Tax
§ 9.11 Interest and Penalties
§ 9.12 Statute of Limitations
PART III: MICHIGAN INHERITANCE TAX
§ 9.13 Overview of the Michigan Inheritance Tax (MCL 205.201 et seq.)
§ 9.14 Taxed Transfers
§ 9.15 Different Treatment Accorded Assets of Residents and Nonresidents
§ 9.16 Exemptions
§ 9.17 How Michigan Inheritance Tax (MIT) Is Computed
§ 9.18 Classification of Beneficiaries
§ 9.19 Inheritance Tax Rates
§ 9.20 Credit
§ 9.21 Taxation of Taxable Interest in Trusts
§ 9.22 Taxation of Powers of Appointment
§ 9.23 Generation-Skipping Transfer Tax
§ 9.24 Collection Fee
§ 9.25 How Tax Is Determined and Paid
PART IV: ASSESSMENT AND COLLECTION OF DEATH TAXES
§ 9.26 Jurisdiction of the Courts
PART V: FORMS AND CHECKLISTS
§ 9.27 FORM: Michigan Estate Tax Return Form MI-706 (for Michigan residents), includes Form 706A (for non-residents)
§ 9.28 FORM: Request for Certificate of No Michigan Estate Tax Liability (Form MI 2356)
CHAPTER 10 FUNERAL LAW
PART I: CHAPTER OVERVIEW
§ 10.01 Scope
§ 10.02 Overview of Funeral Law
PART II: REGULATION OF FUNERAL PRACTICE
§ 10.03 FTC Funeral Rule
§ 10.04 Regulation of the Practice of Mortuary Science
§ 10.05 “Do it Yourself” Funerals and Disposition
§ 10.06 Right to Control Funeral Arrangements and Final Disposition
§ 10.07 Disclaiming or Losing the Right to Make Funeral Decisions
§ 10.08 Rights of Individuals
§ 10.09 Effects of Right of Disposition Law on Estate Planning
PART III: PLANNING AND PRE-ARRANGEMENTS
§ 10.10 Funeral Home Issues
§ 10.11 Conflicts Regarding Right to Control Arrangements & Disposition
§ 10.12 Pre-Arranged Funerals
§ 10.13 Death of Beneficiary
§ 10.14 Prepaid Account Reports
§ 10.15 Cancellation by Contract Seller of a Non-Guaranteed Contract
§ 10.16 Disputes Regarding Prepaid Contracts
§ 10.17 Special Rules for Prepaid Cemetery Contracts
§ 10.18 Abandoned Prepaid Funeral Contracts
PART IV: DISPOSITION PROCESS
§ 10.19 Certificate of Death
§ 10.20 Role of the Medical Examiner
§ 10.21 Disinterment and Reinterment
§ 10.22 Dealing with Cremated Remains
§ 10.23 Organ and Body Donation
§ 10.24 Demonstrations at Funerals
§ 10.25 Private Burial Grounds
PART V: FEDERAL AND STATE BENEFITS
§ 10.26 Social Security Benefits
§ 10.27 Veterans Benefits
§ 10.28 State Emergency Relief
PART VI: CHECKLISTS AND FORMS
§ 10.29 FORM: Michigan Death Record
§ 10.30 FORM: Irrevocable Funeral Contract Certification
§ 10.31 FORM: Affidavit for Disinterment and Reinterment of a Dead Body
§ 10.32 FORM: Disinterment and Reinterment Permit
§ 10.33 FORM: Probate Petition and Order
§ 10.34 FORM: Sample Petition and Order
§ 10.35 FORM: Notice of Hearing
§ 10.36 FORM: Petition and Order for Assignment
§ 10.37 FORM: Proof of Service
§ 10.38 FORM: Statement of Death by Funeral Director—Social Security
§ 10.39 FORM: Application for Burial Benefits—Veteran’s Administration
§ 10.40 FORM: Application for United State Flag for Burial—Veteran’s Administration
§ 10.41 FORM: Funeral Representative Designation
INDEX
