This Petition for Probate and or Appointment of Personal Representative - Testate - Intestate is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Detroit Michigan Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
State:
Michigan
City:
Detroit
Control #:
MI-PC-559
Format:
PDF
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FAQ
A personal representative is under a duty to settle and distribute the decedent's estate in accordance with the terms of a probated and effective will and this act, and as expeditiously and efficiently as is consistent with the best interests of the estate.
However, when an individual dies without a will -- referred to as dying intestate -- a probate court appoints an executor or personal representative. In Michigan, as in other states, a deceased person's family members or friends may request appointment by a probate court.
If there is no will, or the person named in the will isn't available or willing to serve, the probate court will appoint someone to serve as personal representative. The surviving spouse, if any, has first priority to be appointed as personal representative if he or she inherits under the will. Mich.
(g) That, if the estate is not settled within 1 year after the personal representative's appointment, within 28 days after the anniversary of the appointment, the personal representative must file with the court and send to each interested person a notice that the estate remains under administration and must specify
If you want to be the personal representative, complete the Application for Informal Probate and/ or Appointment of Personal Representative form. File the form, the decedent's will (if there is one), and a certified copy of the death certificate with the county probate court where the decedent lived.
A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent's estate.
If there are several relatives who wish to act as administrator and they cannot agree amongst themselves who it should be, priority will go to the closest adult relative of the deceased, starting with their spouse or civil partner (if they have one).
Who Can Serve As A Personal Representative? An individual appointed as Personal Representative in the decedent's Will. The surviving spouse, if the spouse is a beneficiary under the Will. Other beneficiaries of the Will. The surviving spouse if he or she is not a beneficiary under the Will. Other heirs of the decedent.
How do you start the Probate process in Michigan? Probate must go through the county Probate Court in which the decedent resided at the time of their death. Once you determine whether you need a formal or informal probate proceeding, you need to file a petition with the county Probate Court to get the process started.