700.3709 Duty of personal representative; possession of estate.
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700.3709 Duty of personal representative; possession of estate.
Sec. 3709.
Except as otherwise provided by a decedent's will or by this section, a personal representative has a right to, and if necessary for purposes of administration, shall take possession or control of, the decedent's property, except that real property or tangible personal property may be left with or surrendered to the person presumptively entitled to that property unless or until, in the personal representative's judgment, possession of the property will be necessary for purposes of administration.
A personal representative's request for delivery of property possessed by an heir or devisee is conclusive evidence, in an action against the heir or devisee for possession of that property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession.
The personal representative may maintain an action to recover possession of, or to determine the title to, property.
History: 1998, Act 386 , Eff. Apr. 1, 2000
Popular Name: EPIC