June 7, 2011, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 3983 (MCL 700.3983).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3983. (1) After 28 days after a decedent's death, a
person indebted to the decedent or having possession of tangible
personal property or an instrument evidencing a debt, obligation,
stock, or chose in action belonging to the decedent shall pay the
indebtedness or deliver the tangible personal property or the
instrument to a person claiming to be the decedent's successor or
an agency of this state or a county that has a claim under section
112g of the social welfare act, 1939 PA 280, MCL 400.112g, upon
being presented with the decedent's death certificate and a sworn
statement made by or on behalf of the successor or agency stating
all of the following:
(a) The estate does not include real property and the value of
the entire estate, wherever located, net of liens and encumbrances,
does not exceed $15,000.00, adjusted as provided in section 1210.
(b) Twenty-eight days have elapsed since the decedent's death.
(c) An application or petition for the appointment of a
personal representative is not pending or has not been granted in
any jurisdiction.
(d) The claiming successor or agency is entitled to payment or
delivery of the property.
(e) The name and address of each other person that is entitled
to a share of the property and the portion to which each is
entitled.
(2) A transfer agent of a security shall change the registered
ownership on the books of a corporation from the decedent to the
successor or successors or agency upon the presentation of a sworn
statement as provided in subsection (1).
(3) The state court administrative office shall develop and
make available a standardized form for use as a sworn statement
that can be used for the procedure authorized under subsection (1).
The form shall include a notice that a false statement may subject
the person swearing to the statement to prosecution for perjury.