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 sale of real estate in decedent’s
estates and conservatorships and may be useful as a guide. If you have any questions, consider
contacting an attorney for assistance.
Sale of Real Estate in Decedent Estate
Sale of Real Estate in Conservatorship
Procedures – Sale of Real
Estate
Bonds
Forms Needed:
Decedent
Estate -
(PC 681), Petition for Approval of Sale of Real Estate (Decedent Estate)
(PC 682), Order Regarding Sale of Real Estate
(Decedent Estate)
Forms may be found at Michigan Court - Court Forms.
Conservatorship
-
(PC 646), Petition Regarding Real Estate\Dwelling
(PC 647), Order Regarding Real Estate\Dwelling
Forms may be found at Michigan Court - Court Forms.
Filing Fee - $20.00
Sale
of Real Estate in Decedent Estate
Prior
court approval of sale of real estate is not required in decedent estates
unless the letters of authority are restricted.
The
Wayne County Probate Court typically restricts the letters of authority on
estates that were opened using a formal petition (as opposed to an informal
application) to prevent the personal representative from selling real estate
until court approval is obtained. MCR
5.202.
Sale
of Real Estate in Conservatorship
A conservator
is restricted from selling or otherwise disposing of or to mortgage, pledge, or
cause a lien to be placed on real property without court approval, pursuant to
a hearing, at which the court considers evidence of the property’s value and
otherwise determines whether the sale is in the best interest of the protected
individual. MCL 700.5423(3).
The
Wayne County Probate Court, as additional insurance, also restricts the letters
of authority for conservtorships to prevent conservators from selling real
estate until court approval is obtained. MCR 5.202.
Procedures
–
Sale
of Real
Estate
Forms
Used - Conservatorship -Petition Regarding Real Estate\Dwelling (PC 646); Order
Regarding Real Estate\Dwelling (PC 647).
The
petition must also contain the most recent statement with the state equalized
value (SEV) listed. A petitioner may submit and\or the Court can order a
written appraisal, if it is not satisfied that the evidence demonstrates the
fair market value. MCR 5.207(A)(4).
Bonds
Rev. 03/20
|