Michigan Laws 700.3407 – Formal testacy proceedings; burdens in contested cases
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(1) All of the following apply in a contested case:
(a) A petitioner who seeks to establish intestacy has the burden of establishing prima facie proof of death, venue, and heirship.
Terms Used In Michigan Laws 700.3407
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Fraud: Intentional deception resulting in injury to another.
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- Probate: Proving a will
- Venue: The geographical location in which a case is tried.
(b) A proponent of a will has the burden of establishing prima facie proof of due execution in all cases and, if the proponent is also a petitioner, prima facie proof of death and venue.
(c) A contestant of a will has the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.
(d) A party has the ultimate burden of persuasion as to a matter with respect to which the party has the initial burden of proof.
(2) If a will is opposed by a petition for probate of a later will revoking the former, the court shall first determine whether the later will is entitled to probate. If a will is opposed by a petition for a declaration of intestacy, the court shall first determine whether the will is entitled to probate.