Michigan Petition for Probate

Introduction

Key Things to Know

1. 1

   The Probate Court of the county of the decedent's domicile handles the estate. An informal application (SCAO Form PC 558, Application for Informal Probate and/or Appointment of Personal Representative) is directed to the probate register. A formal petition (SCAO Form PC 559, Petition for Probate and/or Appointment of Personal Representative) goes to the judge. The court's form controls over any draft petition.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. A person named in the will must still apply and be appointed, and should not distribute property, pay heirs or sell assets before appointment or before the creditor claims period has run.

3. 3

   A person holding a will must forward it to the court having jurisdiction with reasonable promptness after the testator's death, by personal delivery or registered mail (MCL 700.2516). The statute gives no day count. The probate register can advise on timing.

4. 4

   Priority to serve runs: the person named in the probated will, the surviving spouse if a devisee, other devisees, the surviving spouse, other heirs, then after 42 days a creditor's nominee if suitable, and after 63 days the public administrator in specified cases (MCL 700.3203). A person under 18 or found unsuitable in a formal proceeding is not qualified (MCL 700.3204). Anyone without priority may be appointed only in a formal proceeding.

5. 5

   Informal applicants must give notice of intent to seek appointment to each person with prior or equal right. After appointment, the personal representative must give notice to heirs and devisees, and tell the surviving spouse of the right of election, not later than 28 days after appointment or other time set by court rule, using a Supreme Court-approved form (MCL 700.3705).

6. 6

   On appointment the personal representative must publish a notice to creditors as provided by Supreme Court rule and mail it to known creditors. Claims are barred 4 months after the date of publication of the notice. For a known creditor who is sent notice, the bar is the later of 1 month after the notice is sent or 4 months after publication. If the notice requirements are not met, the bar is 3 years after death (MCL 700.3801, 700.3803).

7. 7

   No bond is required of a personal representative appointed in informal proceedings, except a special personal representative, a will with an express bond requirement, or bond required under MCL 700.3605. In formal proceedings the court may order bond at appointment, and it generally will not if the will relieves the representative, unless an interested person requests bond and the court finds it desirable. Not every estate needs probate: assets passing by beneficiary designation, joint ownership with survivorship or a trust usually pass outside it, and Michigan has court-ordered and sworn-statement small-estate routes covered on DocDraft's small-estate-affidavit page.

Michigan Requirements for Petition for Probate

• County Probate Court Handles the Estate

  The county Probate Court opens the estate. Informal applications are directed to the probate register, and formal petitions go to the judge (MCL 700.3301, 700.3401).

• Application or Petition, Forms PC 558 and PC 559

  Michigan uses SCAO-approved Form PC 558 (informal application) and Form PC 559 (formal petition), each for probate and/or appointment of a personal representative. The court's form controls over any draft petition.

• Delivery of the Will to the Court

  A person holding a will must forward it to the court with reasonable promptness after the testator's death, by personal delivery or registered mail. The statute gives no day count (MCL 700.2516).

• Priority and Qualification to Serve

  Priority runs from the person named in the probated will through the surviving spouse, devisees and heirs, with a creditor's nominee after 42 days and the public administrator after 63 days in specified cases. A person under 18 or found unsuitable in a formal proceeding is not qualified (MCL 700.3203, 700.3204).

• Notice to Heirs and Devisees

  Not later than 28 days after appointment or other time set by court rule, the personal representative must notify heirs and devisees, and tell the surviving spouse of the right of election, on a Supreme Court-approved form (MCL 700.3705).

• Notice to Creditors and Claims Period

  The personal representative publishes a notice to creditors and mails it to known creditors. Claims are barred 4 months after publication (for a known creditor sent notice, the later of 1 month after sending or 4 months after publication), or 3 years after death if the notice requirements are not met (MCL 700.3801, 700.3803).

• Bond Rules

  No bond is required in informal appointments except a special personal representative, an express will requirement, or bond required under MCL 700.3605. In formal proceedings the court may order bond, and a will's waiver controls unless an interested person asks and the court agrees.

• Informal or Formal Proceeding Stated

  The petition states whether informal probate through the register or formal probate before the judge is sought, since a person without statutory priority can be appointed only in a formal proceeding.