Probate Court - Decedent Estate Proceedings: Unsupervised Administration
Unsupervised or informal proceedings are commenced by filing an application directed to the register. The application 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 application. If you do not have an original will you must file for supervised administration.
Only an 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.
If the appointment of a personal representative does not have superior pritority, the petitioner shall give Notice of Intent to Request Informal Appointment (PC557) to all others with greater or equal priority for apointment unless a Waiver and Consent (PC561) is filed.
Application for Informal Probate and/or Appointment of Personal Representative (PC558) 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.
Proposed Register's Statement (PC568)
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 lettters 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.
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.
When the estate has been fully administered and is ready to close a Sworn Statement to Close Unsupervised Administration (PC591) is filed and served on all interesed persons. The estate is closed within 28 days after the filing of the Sworn Statement is no objections are filed. Certificate of Completion (PC592).