Estates - updated
The information, forms, and instructions in this section are intended to provide general information concerning filing procedures for probate proceedings, and it may be useful as a guide.
The Court and the Court’s staff are prohibited by law from providing legal advice. The information on this page is the only assistance that can be provided by the court’s staff. If, after reviewing this information, you have any questions or need assistance in completing the forms, contact an attorney for assistance.
Opening an Estate
After someone passes away, an estate may need to be opened depending on the individual’s assets. There are times when opening an estate may not be necessary based on how the assets were owned. In addition, other procedures may be available to transfer assets depending on the circumstances. If an estate must be opened, there are two ways to begin the administration process: formally and informally.
- Informal and Unsupervised Estate Proceedings
- Formal Proceedings (Petition)
- Fees
- Additional Resources
- Administering the Estate
- Closing the Estate
Informal proceedings begin by filing an Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) and other required documentation, along with a $175 filing fee.
If the application is granted, the Probate Register may admit an original will, and/or appoint a Personal Representative by issuing a Register’s Statement PC 568. [Note that a will informally admitted to Probate may be challenged at any time in a formal testacy proceeding.]
An appointed Personal Representative becomes qualified to act by filing an Acceptance of Appointment and any required bond. The Personal Representative will proceed with unsupervised administration until the estate is closed. At any time, an interested party could file a petition requesting that the estate be “Supervised” or the Court may move to do so on its own motion.
The following documentation is required to open the estate:
- PC 558 — Application for Informal Probate and/or Appointment of Personal Representative
- MC 97 — Protected Personal Identifying Information
- PC 565 — Testimony to Identify Heirs
- PC 568 — Registers Statement
- PC 571 — Acceptance of Appointment
- MC97a — Addendum to Protected Personal Identifying Information
- PC 572 — Letters of Authority for Personal Representative
- PC 573 — Notice of Appointment and Duties of Personal Representatives
- Two copies of the decedent's death certificate
- One copy should have the decedent's date of birth and social security number redacted
- Original Will (if applicable)
The following forms may be necessary based on your situation:
- PC 566 — Supplemental Testimony to Identify Non-Heir Devisee
- This is required if there is a devisee who is not an heir.
- PC 567 — Reunification of Right to Appointment, Nomination of Personal Representative, and Waiver of Notice
- PC 557 — Notice of Intent to Request Informal Appointment of Personal Representative
- PC 563a — Publication of Notice
- PC 564 — Proof of Service
- PC 606 — Appearance of Parent — Required if an interested person is a minor
Formal proceedings begin by filing a Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) Form PC 559 and other required documentation, along with a $175 filing fee.
After either a court hearing with proper notice to all interested persons or upon full waiver and consent, the Probate Court Judge may enter an order called an Order of Formal Proceedings, PC 569. This order may admit a will, determine the heirs of the deceased and appoint a personal representative.
Once the order is entered, the Personal Representative qualifies to act by filing an Acceptance of Appointment and any required bond. The personal representative will proceed with the administration until the estate is ready to be closed. A petition for a formal proceeding on any aspect of administration may be filed at any point. A judge then enters any applicable orders after either a court hearing with proper notice or upon of full waivers and consents.
The following documentation is necessary to open the estate:
- PC 559 — Application for Informal Probate and/or Appointment of Personal Representative
- MC 97 — Protected Personal Identifying Information
- PC 565 — Testimony to Identify Heirs
- PC 569 — Order of Formal Proceedings
- PC 571 — Acceptance of Appointment
- PC 572 — Letters of Authority for Personal Representative
- MC97a — Addendum to Protected Personal Identifying Information
- PC 573 — Notice of Appointment and Duties of Personal Representatives
- PC 562 — Notice of Hearing
- PC 564 — Proof of Service
- Two copies of the decedent's death certificate
- One copy should have the decedent's date of birth and social security number redacted
- Original Will (if applicable)
The following forms may be necessary based on your situation:
- PC 566 – Supplemental Testimony to Identify Non-Heir Devisee.
- This is required if there is a devisee who is not an heir.
- PC 567 – Renunciation of Right to Appt., Nomination of Personal Rep., and Waiver of Notice
- PC 561 – Waiver and Consent
- PC 570 – Bond of Fiduciary (Applicable if ordered by the Judge)
- PC 563a – Publication of Notice
For either type of proceeding, the filing fee is $175. This fee is not refundable. Certified copies of the Letters of Authority are $12 each. There will also be an Inventory Fee due based on the value of the estate, which is due one year after the appointment of the personal representative, or at the time you file to close the estate, whichever occurs first.
There are many resources available in regard to administering an estate. If you would like to read more about the topic, you could visit the State Bar of Michigan, Probate Information page or the Michigan Legal Help website sections: Overview of Informal Probate and Overview of Formal Probate.
Once appointed, the Personal Representative has many responsibilities and duties to comply with in order to properly administer the estate. The Court cannot tell you how to accomplish this. You will need to seek legal advice if you have questions about the process. As part of the estate administration process, the following forms may be needed:
- PC 577 — Inventory
- PC 574 — Notice to Creditors
- PC 578 — Notice to Known Creditors
- PC 618 — Personal Representative's Notice to Friend of the Court
- PC 584 — Account of Fiduciary
- PC 587 — Notice of Continued Administration
- Must be filed annually and served on all interested parties if the estate is not closed within a year.
There are different ways to close an estate and the following are forms that may be used depending on your situation: