When opening a probate estate, there are two ways in which one can do so. If it’s believed that there may be some family or recipient dynamics which may come into play over the assets in a deceased estate, one would probably want to fill out a formal application for probate. However, if the family or recipient dynamics are fine and there aren’t going to be any qualms over assets, one should prepare to file the Application for Informal Probate and Appointment of Personal Representative form.
The Application for Informal Probate and Appointment of Personal Representative is a State Court Administrative Office form. If you need a copy of this form or other probate court forms, please reach out to us. We will be glad to help you and provide you with any necessary probate forms.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Application for Informal Probate and Appointment of Personal Representative 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.
In addition to this statute, the Application for Informal Probate and Appointment of Personal Representative is pursuant to MCL 700.3301, MCL 700.3311, MCL 700.3614, MCR 5.302 and MCR 5.309. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
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.
