Q: What forms to file for informal probate in Michigan.
My mom died recently - intestate. There were 4 children (all still living). Dad died a few years ago. There are a couple of accounts in her name only that the companies are asking for personal representative papers. I am one of the children, and I went and filed PC558, PC557, PC565, PC564, and Mom's death certificate at the county probate court office. The court clerk said that they couldn't act for 14 days because I served my siblings via first class mail (which I already knew). The clerk also stated that I needed to "bring all your papers to the office" within the 14 days? I am not sure what other paperwork she was talking about, as everything I can find seems to indicate that I need to wait for the register to actually appoint me as representative before I can file an inventory and issue notice to creditors, etc? Can you think of anything else that I should be filing?
A: Yes, you need to file a proof of service that everyone was served with your filing requesting the court appoint you as personal representative. If no one objects to you intent to be appointed the court should then issue your letters of authority.
Don L. Rosenberg
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A: As Mr. Rosenberg points out, you need to serve all interested persons with your application for appointment as personal representative, along with a notice of intent to be appointed personal representative. You would then file a proof of service with the court showing who was served, how, and when. There is a SCAO probate court form for this. The register can appoint you PR without further court action if no one objects to your application within 14 days by the objecting party filing a petition of their own for appointment of personal representative.
Your application should be accompanied with a testimony regarding heirs, and also a supplemental testimony regarding non-heir devisees if there are any. You should provide the Probate Register a register's statement, signed personal representative acceptance of appointment, and letters of authority for personal representative, all pre-filled out with your case information, that the register can use to sign his/her signature. The register may charge you separately for certified copies of the letters of authority.
After the 14 days is over without objection, you would ordinarily be appointed personal representative in an informal administration. It helps to let court staff know if you would like to pick the papers up when ready, or to provide a self addressed stamped envelope they can use to send you back your stuff. Need more information than this? Why not let an attorney help.
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