The estate is now closed, but you want to reopen it. How do you reopen a closed estate? In the State of Michigan, there is a form known as the Application and Petition to Reopen Probate Estate. This form, once filled and filed to the probate court, the estate will begin to reopen.
This State Court Administrative Office form, PC 607, can be found by clicking here.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Application and Petition to Reopen Probate Estate form is no different.
The Application and Petition to Reopen Probate Estate form is associated with MCL 700.1309, which states:
Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
The Application and Petition to Reopen Probate Estate form is also associated with MCL 700.3959, which states:
If estate property is discovered after an estate is settled and either the personal representative is discharged or 1 year has expired after a closing statement is filed, or if there is other good cause to reopen a previously administered estate, including an estate administratively closed, upon petition of an interested person and notice as the court directs, the court may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this act apply as appropriate. A claim previously barred shall not be asserted in the subsequent administration.
In addition to these statutes, the Application and Petition to Reopen Probate Estate form is associated with MCR 5.144, MCR 5.312. These are accessible by clicking on the MCR number. To help you understand this form better, Darren Findling of The Probate Pro dives deep into this form.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.