Probate Court

	PROBATE COURT Informal Estates of Decedents

Informal Estates of Decedents

Opening a Informal Estate

The very first step is to determine in which county (venue) the estate proceedings should be filed. MCL 700.1302(a) defines proper venue as being the county where the decedent was domiciled (lived) at the time of death or , if the decedent was domiciled (lived) outside of Michigan, in a county where the decedent's property was located at the time of death. Michigan law provides that only an "interested person" may petition the court to begin and informal probate of an estate.  According to MCR 5.123(C)(1) the persons interested in an application or 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, of an interstate 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 statute of Intestate succession if the decedent died without a Will. Once the interested person files the necessary paperwork to open an informal estate they become the "petitioner".  When the petitioner has identified the proper Michigan County as having venue the initial paperwork may be filed with the court.  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.  The Probate Court accepts payment by cash, check or money order.  The Probate Court does not accept payment by credit or debit card. The forms which must be filed with or presented to the Probate Court to commence an informal proceeding are: A. Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 558).  This application may be for informal probate (informal admission of a will) or appointment of a personal representative or both.  Typically the petitioner nominates him/herself to be appointed the Personal Representative of the estate. B. Testimony of Interested Person (PC 565) C. Supplemental Testimony of Interested Persons Testate Estate (PC 506)  This form is only filed if decedent left a will and some of the devises named in the will and codicils are not heirs of the testator. D. Register's Statement (PC 568) E. Acceptance of Appointment (PC 571) F. Letters of Authority for Personal Representative (PC 572) Letters of Authority will be issued once the Court or Probate Register is satisfied that the petitioner is qualified to be named the 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 Continuing Administration. (MCR 5.202). G. Death Certificate

Duties of Personal Representative

The Personal Representative acts primarily without the direct involvement of the Probate Court.  Usually, the Personal Representative need not come to court to get permission or orders to transact the business of the informal decedent's estate.  Upon completion of administering the estate, the Personal Representative files a sown statement to close the este. PC 591, MCL 700 A. Notice of Appointment Michigan law requires that the Personal Representative provide notice of thier appointment to the "interested parties" in the decedent's estate. MCL 700.3705.  The personal representative, except a special Personal Representative, shall give notice of the appointment to the decedent's heirs and devisees, except those who have executed a written waiver of notice. B. Notice to Creditors Unless the 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 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 decedent, the name and address of the personal representative, or to both the court and the personal representative, which 4 months after the publication of the notice.  MCR 5.306 (A) Notice to Creditors Decedent's Estate (PC 574) C Administration of the Estates The personal representative is responsible for identifying, valuing and protecting everything that the decedent owned at the time of death, which makes up for the assets of the estate.  The Personal Representative must prepare an Inventory (PC 577), which lists all assets of the estate, the fair market value of each asset as of the date of death and any lien or encumbrance on each item.  This Inventory must be sent to all presumptive distributees and other interested persons requesting it within 91 days following  the appointment of the Personal Representative.  MCL 700.3706.  The Personal Representative must also submit "information necessary for computing the probate inventory fee, which is usually accomplished by either showing or filing the inventory with the probate court.  The Probate Court will use the inventory amount to calculate the Inventory fee, which must be paid to the Court as part of the probate administration. A Personal Representative may close an estate by fling with the court, no earlier than 5 months after the date of a general Personal Representative's original appointment, a sworn statement that the Personal Representative or a previous Personal Representative has; determined that notice was published and the time for presentation of creditors claims has expired; fully administered the decedent's estate by making payment, settlement, or other disposition of all claims that were presented; sent a copy of the statement to all estate distributees and to all creditors or other claimant whose claims have not been paid and have not been barred; furnish a full amount in writing of the Personal Representative's administration to the distributees whose interests are affected by the administration.  The account shall clearly state the amount paid out of the estate in fiduciary fees, attorney fees and other professional fees. MCL 700.3954   Back to Probate Court