Filing Procedures -
Decedents Estate
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:
PC559, Petition for
Probate and/or Appointment of Personal Representative
(Testate/Intestate)
PC565, Testimony,
Interested Persons
PC561*, Waiver and
Consent
PC566*,
Supplemental Testimony, Interested Persons, Testate Estate
PC570*, Bond of
Fiduciary
PC571, Acceptance
of Appointment
PC583 or PC584,
Account of Fiduciary (Note: An account form is used after a personal
representative is appointed and must be filed each year. For information on accounting, see Account of
Fiduciary).
Forms may be found
at Michigan
Court - Court Forms where you can search for a specific form number (i.e.
PC571). A list of Probate forms is available at the Numerical
Index of Probate Court Forms page.
Filing Fee - $175.00
Note: A death certificate must also
be filed with the Court (a certified copy is not required). If the death certificate is not available,
alternative proof of death (i.e., obituary, funeral program, notice, or
invoice, religious/memorial card, autopsy report, etc.) must be
provided.
Unsupervised Administration (DE case
type)
Formal Proceedings (“Petition”)
Formal proceedings are commenced by filing
a “Petition for Probate and/or Appointment of Personal Representative
(Testate/Intestate)” (PC 559) and other related papers. After either a court hearing with proper
notice to all interested persons or upon filing Waiver and Consents from
all interested persons, the probate court may admit a will, determine the
heirs of the deceased, and appoint a personal representative. Once the personal representative is
appointed, they qualify to act by filing an Acceptance of Appointment (PC
571) and any required bond. The
personal representative will proceed with unsupervised administration until
the estate is ready to be closed. A
petition for a formal proceeding on any aspect of administration may be
filed at any point. A judge then
enters any applicable orders after either a court hearing with proper
notice or upon filing of Waivers and Consents.
Supervised Administration (DA case type)
Supervised administration may be requested
by checking the appropriate box on the “Petition for Probate and/or
Appointment of Personal Representative (Testate/Intestate)” (PC 559). [Note: the Petition and other papers are
the same as those used when filing an unsupervised estate using formal
proceedings.] Supervised
administration may also be requested at any time during unsupervised
administration. If supervised
administration is granted, the personal representative (unless otherwise
ordered by the court), will proceed with the same powers as a personal
representative who is not supervised except that in supervised
administration a personal representative may not make any distributions
to heirs or devisees without a prior court order. There are numerous documents that must be
filed with the Probate Court during supervised administration.
*Forms may or may not be needed
depending on the facts.
* Rev 3/17
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