Q: Is Michigan's probate Notice of Intent form (PC 557) needed if a Personal Representative is named in a Will?
We lost your stepmother last month. She had both a Will and Addendum to her Will Notarized and Witnessed. She has no natural children, both her spouse (my father) and parents are deceased. She has a sister living. She appointed me as Personal Representative in her Will. When I file the Application for Informal Probate, do I need the Notice of Intent form? If I understand correctly the person named in the Will as Personal Representative has the highest priority. So I believe, no notices would need to be served since there would be no person whose right to an appointment is prior or equal to my own. Or do I still have to submit the form even though there would be no Proof of Service forms to attach?
A:
My condolences on your loss.
The BRIEF answer to your question is: no that form is not needed.
This and SO many other questions will be resolved quickly and easily and with relatively little cost if you hire a local licensed attorney to help you. None of the forms and procedures to complete an estate are HARD, but there is a lot of DETAIL and many deadlines that you need to comply with. A lawyer will have policies and procedures set up to make sure you don't miss anything.
Additionally, it is not necessarily REQUIRED that informal or formal probate be done if the estate was planned properly. HOWEVER once you file with the court, you're locked into that course even if it isn't necessary.
Seek legal representation BEFORE you file anything -- you may find there is an easier way!
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