Bill Text: MI SB0192 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Probate; wills and estates; estate administration fee; allow deduction for amount of mortgage on real property. Amends secs. 871 & 877 of 1961 PA 236 (MCL 600.871 & 600.877).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0596'12 [SB0192 Detail]
Download: Michigan-2011-SB0192-Engrossed.html
SB-0192, As Passed Senate, March 22, 2011
SENATE BILL No. 192
February 22, 2011, Introduced by Senators CASWELL, MARLEAU, EMMONS, GREEN and PROOS and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 871 (MCL 600.871), as amended by 2005 PA 326.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 871. (1) In all decedents' estates in which proceedings
are instituted for probate, the probate court shall charge and
collect the following fees as an expense of administration on the
value of all assets, as of the date of death of the decedent, as
follows:
(a) In an estate of value of less than $1,000.00, $5.00 plus
1% of the amount over $500.00.
(b) In an estate of value of $1,000.00 or more, but less than
$3,000.00, $25.00.
(c) In an estate of value of $3,000.00 or more but less than
$10,000.00, $25.00 plus 5/8 of 1% of the amount over $3,000.00.
(d) In an estate of value of $10,000.00 or more but less than
$25,000.00, $68.75 plus 1/2 of 1% of the amount over $10,000.00.
(e) In an estate of value of $25,000.00 but less than
$50,000.00, $143.75 plus 3/8 of 1% of the amount over $25,000.00.
(f) In an estate of value of $50,000.00 but less than
$100,000.00, $237.50 plus 1/4 of 1% of the amount over $50,000.00.
(g) In an estate of value of $100,000.00 to $500,000.00,
$362.50 plus 1/8 of 1% of the amount over $100,000.00.
(h) For each additional $100,000.00 value, or larger fraction
thereof, over $500,000.00, $62.50.
(i) For each additional $100,000.00 value, or larger fraction
thereof, over $1,000,000.00, $31.25.
(2) In calculating a fee under subsection (1), if real
property that is included in the estate is encumbered by or used as
security for an indebtedness, the amount of the indebtedness shall
be deducted from the value of the real property.
(3) (2)
The fees in subsection (1), rounded
to the whole
dollar,
shall be are due and payable to the probate court before
the filing of the final account or within 1 year after the
commencement of probate proceedings, whichever occurs first. A
final accounting shall not be accepted by the probate court until
the fees are paid in full and shown as part of the final
accounting. An official receipt shall be issued to the payer when
the fees are collected.
