Michigan Involuntary Petition Against a Non-Individual
Description
How to fill out Involuntary Petition Against A Non-Individual?
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FAQ
Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.
If a decedent is an interested person, the personal representative of the decedent's estate is the interested person. If there is no personal representative, the interested persons are the known heirs of the estate of the decedent, and the known devisees.
The personal representative may be the executor, who is the person named as such in the decedent's will, or it may be the successor to the executor, or an administrator appointed by the court where the decedent died without a will naming an executor.
An estate in unsupervised administration can be closed by filing a ?Sworn Statement to Close Unsupervised Administration? (PC591), or a ?Petition for Adjudication of Testacy and Complete Estate Settlement? (PC594), or a ?Petition for Complete Estate Settlement, Testacy Previously Adjudicated? (PC593).
(1) Unless notice has already been given, upon appointment a personal representative shall publish, and a special personal representative may publish, a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice's publication or be forever ...
One of the most important reasons to make a will is to name your executor -- commonly called a "personal representative" in Michigan. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.
A Personal Representative in Michigan is the same thing as an Executor. Other states refer to the Personal Representative as the Executor, so it can create some confusion. You also may see this role referred to as ?Executor of the Estate? or ?Estate Administrator?.
Duties of an executor The executor may have to settle debts with the deceased's creditors. Only after creditors receive what the testator owed can the beneficiaries receive their due. Also, the executor may need to file the deceased personal income taxes.
