CLARIFY PRIORITY OF APPOINTMENT

FOR PERSONAL REPRESENTATIVE

House Bill 5103 as introduced

Sponsor:  Rep. Rodney Wakeman

Committee:  Judiciary

Complete to 11-4-19

SUMMARY:

House Bill 5103 would amend the Estates and Protected Individuals Code (EPIC) to clarify the priority among persons seeking appointment as a general personal representative.

Currently under EPIC, certain qualifications, conditions, and relationships to a decedent are given priority when selecting a personal representative. However, they do not apply to the selection of a special personal representative.

The bill would clarify that the priority qualifications and conditions in sections 3203 and 3204 of the act apply for appointment of a general personal representative or successor personal representative, but not a special personal representative.

As defined in EPIC, personal representative includes an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII of the act, who performs substantially the same function under the law governing that person's status.

General personal representative means a personal representative other than a special representative.

Special personal representative means a personal representative as described in sections 3614 to 3618 of the act.

Successor personal representative means a personal representative, other than a special personal representative, who is appointed to succeed a previously appointed personal representative.

MCL 700.3203 and 700.3204

FISCAL IMPACT:

House Bill 5103 will have no fiscal impact on the state or on local units of government.

                                                                                         Legislative Analyst:   Emily S. Smith

                                                                                                 Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.