700.1043 Probate court; jurisdiction; venue.

234 words·~1 min read·/mi/chapter-700/700-1043

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 3.

(1)The probate court has exclusive jurisdiction over an action that addresses either of the following questions:

(a)Whether a transfer is a qualified disposition.

(b)The extent of the transferor's interest in, or the income from, a qualified disposition.

(2)The probate court has concurrent jurisdiction over an action brought under section 5(2).

(3)Venue for a proceeding under subsection

(1)or

(2)is as follows:

(a)For a trust registered under section 7209 of the estates and protected individuals code, 1998 PA 386, MCL 700.7209, the place of registration.

(b)For a trust that is not registered, in any place where the trust properly could be registered.

(4)If a trust has no qualified trustee and has not been registered, and there is no place in this state where the trust properly could be registered, venue for a proceeding under subsection

(1)or

(2)is in the following order of priority, except to the extent otherwise provided by court rule:

(a)In a county in this state in which the immediately preceding qualified trustee had its usual place of business or residence.

(b)In a county in this state in which a trust beneficiary resides.

(c)In a county in this state in which any trust property is located.

(d)In any county in this state.

History: 2016, Act 330 , Eff. Mar. 8, 2017