Probate Court; Jurisdiction; Venue.

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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.

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


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