Probate Court - Decedent Estate Proceedings: Supervised Administration
Supervised or formal proceedings are commenced by filing a petition directed to the Court. The petition may be for admission of a will or appointment of personal representative or both.
The original will of the decedent must be filed with the petition. If the original will is lost, destroyed, or otherwise unavailable, attach the copy to be admitted into probate.
Only and interested person may file an application for informal probate. "Interested Person" includes but is not limited to, an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward or protected individual, a person that has priority for appointment as personal representative.
A person with priority for appointment to act as personal representative are:
The person nominated in the will
The surviving spouse
Other heirs of the decedent
After 42 days after the decedent's death, the nominee of a creditor if the court determines the nominee suitable.
Petition for Probate and/or Appointment of Personal Representative (PC559) and the filing fee. The application must be legibly typewritten or printed in ink in the English language and be substantially in the form approved by the State Court Administrators Office 5.113.
Attach a copy of the death certificate and original last will and testament. Complete and file Testimony to Idendify Heirs (PC565) and a Supplemental Testimony to Identify Nonheir Devisees (PC566) if applicable. The Supplemental Testimony form is used only if the decedent left a will and named devisees that are not heirs of the testator.
If Waivers and Consents (PC561) cannot be obtained from all interested persons, then the court will schedule a hearing. A Notice of Hearing (PC562), the Petition and attachments, and Testimony forms, must be served on all interested parties 14 days prior to the hearing by mail or 7 days prior to the hearing if served personally.
After the hearing, the Judge will issue and Order to Formal Proceedings.
Signed Acceptance of Appointment (PC571)
Letters of Authority for Personal Representative (PC572) are issued after receipt of the signed Acceptance of Appointment. After receipt of your certified copy of the Letters of Authority your are authorized to perform all acts authorized by law unless exceptions are specified.
Not later than 14 days after the appointment of personal representative, Notice of Appointment (PC573) must be served on all interested persons.
The personal representative must publish in The Evening News, 109 Arlington Street, Sault Ste. Marie, Michigan 49783 the Notice to Creditors, Decedent's Estate (PC574). An affidavit of publication received from The Evening News must be filed with the Court to show proof of publication.
Within 91 days of the date of the letters of authority, the personal representative must submit to the Court the information necessary to compute the probate inventory fee by filing an Inventory (PC577). The assets listed on the inventory must include documentation to show proof of the value. A Probate Inventory fee will be calculated based on the amount of the assets and is required to be paid within one year of receipt of fee amount.
If the estate is not ready to close within one year of the appointment of personal representative a Notice of Continued Administration (PC587) must be filed and server on all interested persons.
An Account of Fiduciary (PC584) must be completed annually until the estate is ready to close. A Petition to Allow Account (PC585a) must be filed with the account. The account must be allowed by the Court by either obtaining Waiver and Consents (PC561) or schedueling the allowance of the account for a hearing. After the hearing the Judge will issue an Order Allowing Account. The attorney and personal representative cannot be paid for the services until after the allowance of the account.
When the estate has been fully administered, the personal representative must complete a Petition for Complete Estate Settlement, Testacy Previously Adjudicated (PC593), and Schedule of Distributions and Payment of Claims (PC596) if Waiver and Consents (PC561) cannot be obtained by the interested persons the petition is scheduled for a hearing. After the hearing the Judge will issue and Order for Complete Estate Settlement (PC595).
If evidence is required by the Court to show that the heir or devisee received the property assigned to them, the Receipts of Distributive Share, Persoanl Property (PC588) must be filed with the court. A receipt does not have to be filed showing proper transfer of real estate.
After proof of distribution the personal representative can be discharged and the file closed. Order of Discharge (PC597).