Note: The Court is prohibited by law
(Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing
legal advice and completing forms. This
item provides general information concerning the opening of a decedent’s estate
and may be useful as a guide. If you
have any questions, consider contacting an attorney for assistance.
Forms Needed:
PC 607,
Application\Petition to Reopen a Decedent Estate
PC 561*, Waiver
and Consent
PC 570*, Bond of
Fiduciary
PC 571,
Acceptance of Appointment
Forms may be found at Michigan Court - Court Forms.
*Forms may or may not be
needed depending on the facts.
Filing Fee - $150.00
Note: For additional information, see Administering a
Decedent’s Estate.
FAQ
When
is it necessary to reopen an estate for a decedent?
A
decedent estate case may have to be re-opened for a variety of reasons.
These could include:
-
After discovered
assets (i.e., new property, such as stocks, bonds, real estate) found after the
estate was closed.
-
The estate was
improperly closed without the administration being completed (i.e., property
not deeded to the heirs, etc.).
Who
can file to reopen an estate for a decedent?
An Application to reopen estate can be filed by any interested person,
including the prior personal representative.
A Petition to reopen estate can be filed by any interested person, including the prior
personal representative.
Note:If the case was closed as a supervised
estate, only a petition to reopen requesting supervised administration may
be filed.
What
are the duties of a personal representative in an estate that has been
reopened?
1.
To determine if the decedent had a will that was not offered for probate in the
previous administration. If they did, copies must be given to all
interested persons. Either consents from
all interested persons must be filed or a hearing must be conducted so the
Judge can determine whether the will is valid.
2.
Gather the estate’s newly discovered assets and determine what they are
worth. This includes obtaining appraisals, if necessary.
Within
91 days of being appointed, the personal representative for an estate reopened
in supervised administration is required to file a Supplemental Inventory with
the court listing all the decedent’s newly discovered assets. For
unsupervised administration, the personal representative must provide all
interested persons with a Supplemental Inventory within 91 days.
3.
Determine if there are any unpaid taxes, including inheritance/estate tax.
4.
The estate’s assets must be preserved and distributed to the heirs according to
the will, or if none, by the laws of intestate succession. If you
improperly distribute assets without leaving enough in the estate to pay taxes,
you may be personally responsible for coming up with the difference.
5.
The personal representative must keep careful records of all income of the
estate and all disbursements of the estate’s funds. The personal
representative must keep the estate’s assets separate and never “borrow” from
them.
6.
The estate must be reclosed within 1 year from the day it is reopened.
7.
In supervised administration, file a Petition for Complete Estate Settlement,
Schedule of Distribution, and Final Account when the reopened estate is closed. Signed consents from all interested persons
or a hearing is required to grant the petition.
The
Account must list receipts (monies in) and disbursements (monies out).
Save your receipts; one must be presented to the court for each
disbursement. In unsupervised administration the Accounts do not have to
be filed with the Court, but they must still be served on interested persons.
8.
Ensure that all taxes on the estate are paid. You must also see that the
decedent’s final federal, state and city income taxes are paid and the returns
filed.
Do
I need an attorney?
If you have
questions that this pamphlet did not answer, please seek legal advice from an
attorney. By law, court employees are not permitted to give legal advice.
How do I get
certified copies of court documents?
They can be
obtained via email (probateservice@wcpc.us) or by mailing a request to:
Wayne County Probate Court
Attn: Certified Desk
1307 Coleman A. Young Municipal Center
Detroit
,
MI.
48226
If the
request is made, the court will send you a bill.
Rev. 4/21
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