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MI HB5877

MI HB5877
Probate: other; prima facie evidence that transfer is made for value; modify to reflect repeal of the state real estate transfer tax act. Amends sec. 3912 of 1998 PA 386 (MCL 700.3912). TIE BAR WITH: HB 5880'26, HB 5874'26


summary

Introduced
04/22/2026
In Committee
04/22/2026
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1998 PA 386, entitled"Estates and protected individuals code,"by amending section 3912 (MCL 700.3912).

AI Summary

This bill modifies existing law to clarify that a recorded instrument transferring property from an estate is considered prima facie evidence, meaning it's accepted as true until proven otherwise, that the transfer was made for value, even if it doesn't explicitly note an exemption from real estate transfer taxes. This change is necessary because the state real estate transfer tax act has been repealed, and the bill updates references to reflect this repeal, ensuring that the process of transferring property from an estate to a beneficiary or a third-party buyer remains clear and protected. Specifically, it updates references to the relevant tax exemption laws and clarifies that a purchaser or lender acquiring property from an estate beneficiary does not need to investigate the personal representative's actions or whether their authority had ended to be protected, as long as the transfer is properly documented.

Committee Categories

Government Affairs

Sponsors (18)

Last Action

Bill Electronically Reproduced 04/22/2026 (on 04/23/2026)

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