{"data":{"id":"us-mi/mich.-comp.-laws-700.3407","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 700.3407","heading":"Formal testacy proceedings; burdens in contested cases.","body":"Sec. 3407.\n\nAll of the following apply in a contested case:\n\nA petitioner who seeks to establish intestacy has the burden of establishing prima facie proof of death, venue, and heirship.\n\nA 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.\n\nA contestant of a will has the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.\n\nA party has the ultimate burden of persuasion as to a matter with respect to which the party has the initial burden of proof.\n\nIf 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.","path":["MI Code","Chapter 700","Act Act-386-of-1998"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3407","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"a808b0e3399fb6c114667a2e3d3d5d11a4749e46a551c09094cd7544788c14f5","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-700.3406","next":"us-mi/mich.-comp.-laws-700.3408"},"notice":"GroundRules: Original legal text. Not legal advice."}