Probate Court

	PROBATE COURT Formal Estates of Decedents

Formal Estates of Decedents

Opening a Formal Estate

The very first step is determining which county the estate proceedings should be filed.  This is referred to as the proper venue for a proceeding.  (MCL 700.1302(a) defines proper venue as being the county where the decedent was domiciled at the time of death or, if the decent was domiciled outside of Michigan, in a county where the decedent's property was located at the time of death.  Venue provisions for formal proceedings are identical to those for informal proceedings. Michigan law provides that only an "interested person" may petition the court to Probate an estate.  According to MCR 5.125 (C)(1) the persons interested in filing a petition to probate a will are the: Devisees Nominated trustee and current trust beneficiaries of a trust under the will Heirs Nominated personal representative Trustee of a revocable trust According to MCR 5.125(C)(2) the persons interested in an application or a petition to appoint a personal representative, other than a special personal representative, or an intestate estate are the: Heirs Nominated personal representative Trustee of a revocable trust A "devisee" is a person given property in the decedent's will.  An "heir" is a person who is entitled to receive property from the decent under the law of intestate succession if the decedent died without a will. When the petitioner has identified the proper Michigan County as having venue, the initial paperwork may be filed with the court.  Once the interested person files the necessary paperwork to open an estate they become the "petitioner".  Filing may be made in person or by mail.  Along with the court forms discussed below, the petitioner should also file the will and codicil of the decedent, if any, a death certificate, and must pay a filing fee of $150.00.  The Probate Court accepts payment by cash, check or money order.  The Probate Court does not accept payment by credit or debit card. The form which must be filed with or presented to the Probate Court to commence a formal proceedings are: A. Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC559)  This multi-purpose petition issued to request formal probate proceedings for a variety of reasons, as stated above.  Typically the petitioner nominates him/herself to be appointed the Personal Representative of the estate. B. Testimony or Interested Person (PC 565) C. Supplemental Testimony of Interested Persons Testate Estate (PC 566) This form is only filed if decedent left a will and some of the devisees named in the will and codicils are not heirs of the testator. D. Acceptance of Appointment (PC 571) E. Letters of Authority for Personal Representative (PC 572)  Letters of Authority will be issued once the Court is satisfied that the petitioner is qualified to be named personal representative and the petitioner has filed an Acceptance of Appointment (PC 571) and a bond if bond is required.  The Letters of Authority shall not have an expiration date but if the estate is not closed within one year the Personal Representative must file a Notice of Continued Administration. MCR 5.202. The Court will issue an Order of Formal Proceedings (PC 569) following a hearing, if needed, which officially begins the probate administration process.  The court must determine the decedent's heirs in all formal proceedings.  MCL 700.3409  The surviving spouse is an heir as are the children of the decedent and the parents or the children of the decedents parents.  The formal proceedings continue as unsupervised unless a formal proceeding is started or supervised administration is ordered.

Duties of Personal Representative

The Personal Representative acts primarily without the direct involvement of the Probate Court.  After the initial paperwork is filed with the court, the Personal Representative administers the estate and then proceeds to close the estate.  Among the duties of a Personal Representative: A. Notice of Appointment Michigan law requires that the Personal Representatives provide notice of their appointment to the "interested parties" in the decedent's estate. MCL 700.3705  The personal representative accepts appointment to the decedent's heirs and devisees, except those who have executed a written waiver or notice. The form Notice of Appointment and Duties of Personal Representative (PC 573) provides for notice to interested parties and lists duties of the Personal Representative to the interested party.  This is discussed in more detail in the informal proceedings section. B. Notice to Creditors Unless notice has already been given, the personal representative must publish a notice to creditors in a newspaper in a county in which a resident decedent was domiciled or in which the proceeding as to a nonresident was initiated.  MCL 700.3801  The notice must include the name, and if known, last known address, date of death, and date of birth of the decedents' the name and address of the personal representative; the name and address of the court where proceedings are filed; and a statement that claims will be forever barred unless presented to the personal representative, or to both the court and the personal representative, within 4 months after the publication of the notice.  MCR 5.303(A) C. Administration of the Estate The peronal representative is responsible for identifying, valuing the protecting everything that the decedent owned at the time of death, which  makes up the assets of the estate.  The Personal representative must prepare an Inventory (PC 577), which is described in more detail in the informal proceedings section. The Personal representative may file a Sworn Statement to Close (PC 591) the estate along with a Certificate of Completion (PC 592), or they may file a petition for complete estate settlement which requires a hearing before the Judge. Once the Sworn Statement to Close and Certificate of Completion have been filed with the court, the court must wait 28 days for any objections to be filed.  If no objections are filed the register will sign the Certificate of Completion and close the estate.  Alternatively, once proper notice to interested persons is given of the petition for complete estate settlement, and a hearing is held, the Judge may enter an Order for Complete Estate Settlement.  Then, after the Personal Representative provides the court with proof of payment of claims and distributions, and the court is satisfied that the administration is complete, the Judge will issue an Order of Discharge which will close the estate and terminate the authority of the Personal Representative.   Back to Probate Court