In re DeCoste Estate
317 Mich. App. 339
| Mich. Ct. App. | 2016Background
- Two consolidated probate cases (DeCoste and Fletcher) where each estate’s sole asset was the decedent’s home and the appointed personal representative was indigent / receiving public assistance.
- Both appellants obtained waivers of initial filing fees but sought waiver or suspension of the statutory probate inventory fee assessed under MCL 600.871 after filing inventories showing estate values (~$56k and ~$64k).
- Probate courts denied inventory-fee waivers, reasoning the fee is an expense of administration chargeable to the estate (not to the personal representative) and the estates had sufficient assets to pay.
- DeCoste had previously obtained a remand from the Court of Appeals on an initial filing-fee waiver claim; on remand he was appointed PR and later denied waiver of the inventory fee.
- Appellants relied on MCL 600.880d and MCR 2.002 (fee-waiver provisions) to argue the inventory fee must be waived or suspended because of indigency/public assistance.
- The probate court and this Court held that statutory scheme (MCL 600.871, MCL 700.3706, MCL 700.3805, MCR 5.307) treats the inventory fee as an estate expense payable from estate assets and not a filing fee governed by MCR 2.002.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a personal representative’s indigency or receipt of public assistance requires waiver/suspension of the probate inventory fee | Appellants: MCL 600.880d and MCR 2.002 mandate waiver/suspension upon affidavit of indigency or public assistance | State/Probate court: Inventory fee is an administrative expense of the estate (per MCL 600.871) chargeable to estate assets, not a party filing fee; estates had sufficient assets | Held: No waiver required; inventory fee is an expense of administration payable from estate assets, so personal representative’s indigency/public assistance is not dispositive |
| Whether MCR 2.002 governs waiver of the inventory fee | Appellants: Rule 2.002(C)/(D) entitles those receiving public assistance or who are indigent to fee suspension/waiver | State/Probate court: MCR 2.002(A)(2) limits the rule to filing fees; inventory fee is not a filing fee and is governed by MCL 600.871 and MCR 5.307 | Held: MCR 2.002 does not apply to inventory fee; it governs filing fees only, so it does not mandate waiver of inventory fee |
Key Cases Cited
- In re Bradley Estate, 494 Mich 367 (statutory interpretation principles)
- In re Nale Estate, 290 Mich App 704 (standard of review for probate appeals)
- In re Leete Estate, 290 Mich App 647 (court-rule interpretation principles)
- Wolfe-Haddad Estate v Oakland Co, 272 Mich App 323 (purpose of probate fee tied to estate value/work required)
- In re Jajuga Estate, 312 Mich App 706 (statutory construction rules)
- In re Pollack Trust, 309 Mich App 125 (unpublished opinions not binding)