For 40 years, from 1939 to 1979, Michigan probate was governed by a probate code enacted in 1939 (the 1939 Code). Eventually this code, like those of many other states, became outdated. Avoiding probate became the norm.

On the national level, a movement arose to improve probate laws and make them more uniform. In 1969, the National Conference of Commissioners on Uniform State Laws published the Uniform Probate Code. It was originally drafted by Richard V. Wellman, then a professor at the University of Michigan Law School.

During the 1970s, a reform movement began in Michigan. People wanted a process that was less expensive and time consuming. In 1979, a new Michigan probate code, the Revised Probate Code, became law. A combination of provisions of the 1939 Code and the Uniform Probate Code, it introduced a new procedure called independent probate for administering the estate of a deceased person. Less time consuming and expensive and with almost no court involvement, independent probate became very popular. For the last 20 years, it has worked well. Today, close to 70% of all estates in Michigan are administered in independent probate. If you exclude Wayne County, the percentage increases to 80%.

About 10 years ago, a small group of lawyers thought it was time for more reform. While the independent probate provision worked well, the Revised Probate Code was an imperfect and partial attempt to update the 1939 Code. This work culminated in the Estates and Protected Individuals Code or EPIC, which became effective on April 1, 2000. Some people have claimed that the new code is called EPIC because it took so long to get passed.

EPIC is truly modern and up-to-date. It follows the Uniform Probate Code very closely. It covers wills and the administration of a deceased person's estate, who inherits what if a person dies without a will, trusts and the administration of trusts, guardianships and conservatorships, and powers of attorney (financial and healthcare).
One of the lawyers who spent countless hours working on the passage of EPIC listed the following benefits derived from the new law.

EPIC:

• Eliminates ambiguities and inconsistencies in the existing law.
• Simplifies probate procedure.
• Revises and updates the laws governing the distribution of property when a person dies without a will.
• Increases the dollar amounts of allowances and exemptions to give greater protection to family members.
• Provides new rules governing investment standards for fiduciaries (personal representatives, trustees and conservators).
• Addresses responsibilities and obligations of fiduciaries who encounter environmental problems with estate assets.
• Permits parents to name a guardian for minor children without preparing a will solely for that purpose.
• Encourages and facilitates non-probate transfers.
• Gives more complete guidance and protection to settling an estate that avoids probate.
• Offers a non-probate method of collecting up to $15,000 in assets.

EPIC continues the concept of independent probate which is now called "unsupervised administration." In fact, this is the default procedure for administering a deceased person's estate.

Does the new probate code mean that your current estate planning documents are obsolete or no longer valid? No, it does not. EPIC does not invalidate existing documents. However, EPIC will govern the interpretation of your documents if you die after March 31, 2000. If a person dies on March 31, 2000, that person's will would be interpreted under the Revised Probate Code even though the estate will be administered under EPIC. If a person dies after March 31, 2000, that person's will would be interpreted under EPIC. This is discussed in more detail in the article that follows.

We believe that EPIC is a significant improvement in the laws of the state of Michigan and that you and your families will benefit from the changes in EPIC.

This summary is intended as a source of general information.  If you have questions or desire additional information, please contact Ryan M. Wilson at (517) 377-0897 or rwilson@fraserlawfirm.com.