In probate administrations, the personal representative is working on behalf of a deceased estate. What happens though if the personal representative becomes incapacitated or god forbid, passes away? Should this happen to a personal representative, there is a way to make sure his or her administrative powers and duties are safely transitioned to someone else. The Application for Appointment of Successor Personal Representative is what you would need to assure this safe transition.
The Appointment of Successor Personal Representative is a State Court Administrative Office form. If you need this form, please reach out to us. We will gladly provide you with this form and any other probate court forms you may need.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Appointment of Successor Personal Representative is associated with MCL 700.3301(1)(f), which states:
(1) An application for informal probate or informal appointment shall be made by an interested person and directed to the register. If an application is not filed within 28 days after the decedent’s death, a person that has a right or cause of action that cannot be enforced without administration or appointment may file an application. An applicant shall swear that the application is accurate and complete to the best of the applicant’s knowledge and belief as to all of the following information:
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(f) In an application for appointment of a personal representative to succeed a personal representative who tenders a resignation as provided in section 3610 or whose appointment is terminated by death or removal, all of the following:
(i) A statement adopting the statements in the application or petition that led to the appointment of the person being succeeded, except as specifically changed or corrected.
In addition to this statute, the Appointment of Successor Personal Representative is pursuant to MCL 700.3609, MCL 700.3610, MCL 700.3611 and MCL 700.3614(e). 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.