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?
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
Attorney and Counselor
www.brmmlaw.com | firstname.lastname@example.org
1301 W. Long Lake Road, Suite 340
Troy, MI 48098
Shareholder of law firm recognized as Best Law Firms by U.S. News and World Report
Recognized by National Association of Distinguished Counsel – Nation’s Top One Percent, 2016 - 2019
Recognized by New York Times – Top Attorneys in Michigan
Rated by Super Lawyers – State of Michigan (2009 - 2019)
Named Five Star Wealth Manager – Estate Planning by Hour Detroit and dbusiness (2009-2019)
Former Chair of the Elderlaw and Disability Rights Section of the State Bar of Michigan
Former Chairman of the Board of Directors of the Alzheimer’s Association – Greater Michigan Chapter (having served 6 years)
Accredited by the U.S. Department of Veterans
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.