Sworn Statement - DOC

							                                     Sworn Statement

                                              EPIC

The Estates and Protected Individuals Code (EPIC) effective April 1, 2000 provides a way for a
decedent’s successor to collect personal property of the deceased by sworn statement.


                                          DEFINITIONS

Successor

A person, other than a creditor, who is entitled to property of a decedent under the decedent’s
will or under EPIC.


              COLLECTING PERSONAL PROPERTY BY SWORN STATEMENT

A Decedent’s successor may be eligible to collect personal property from a person:

   Indebted to the decedent

   In possession of tangible personal property, an instrument evidencing a debt, obligation,
    stock, or chose in action

A decedent’s successor must present:

        Death certificate
        Sworn statement

A transfer agent of a security is required to change registered ownership upon presentation of a
sworn statement.


                                          ELIGIBILITY

The sworn statement may only be used:

   After 28 days after a decedent’s death

   Estate does not include real estate

   Value of entire estate net liens and encumbrances does not exceed $15,000 (in 2000 and
    as adjusted for COLA each year after 2000)

   An application or petition for appointment of a personal representative:

        is not pending
        has not been granted



OCPC PI 3 (3/00)
The sworn statement must include the name and address of each other person entitled to a
share of the property and the portion to which each is entitled.


                              EFFECT OF SWORN STATEMENT

A person paying, delivering, transferring, or issuing personal property or the evidence of
personal property under a sworn statement is discharged and released to the same extent as if
the person dealt with the decedent's personal representative.

The person is not required to see to the application of the personal property or evidence of the
application, or to inquire into the truth of a statement in the sworn statement.


                                    REFUSAL TO COMPLY

If a person to whom a sworn statement is delivered refuses to pay deliver, transfer, or issue
personal property or evidence of personal property, the property may be recovered or its
payment, delivery, transfer, or issuance compelled upon proof of a person's right to the property
in a proceeding brought for the purpose by or on behalf of the persons entitled to the property.


                        RESPONSIBILITY OF PERSON COLLECTING

A person to whom payment, delivery, transfer, or issuance is made is answerable and
accountable for the property to a personal representative of the estate or to another person
having a superior right.




The following standardized form is available on request from Probate Court for use as a
sworn statement:

PC 598 Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent



                                    LEGAL REFERENCES

Statutes

MCL 700.1107 Definitions R to T (Successor)
MCL 700.3983 Collection of personal property
             by sworn statement
MCL 700.3984 Effect of sworn statement




OCPC PI 3 (3/00)
             MCL 700.1211 Court personnel prohibited from giving legal advice.

Court personnel may provide general information, blank forms, and information concerning the
preparation of a form provided by the court.

Court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary
or interested person and shall not complete a form, petition or document for a fiduciary or
interested person.




IF YOU HAVE QUESTIONS ABOUT YOUR LEGAL RIGHTS YOU SHOULD CONSULT AN ATTORNEY.




OCPC PI 3 (3/00)