§ 700.1043 — Probate court; jurisdiction; venue.

Michigan § 700.1043

• Jurisdiction: Michigan
• Ch. 700: ESTATES AND PROTECTED INDIVIDUALS CODE
• Act 330 of 2016: QUALIFIED DISPOSITIONS IN TRUST ACT (700.1041-700.1050)

Text

QUALIFIED DISPOSITIONS IN TRUST ACT (EXCERPT) Act 330 of 2016 700.1043 Probate court; jurisdiction; venue. 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.

Legislative History

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