Upon someone’s death, a personal representative (once appointed) will be tasked to distribute the assets to the Interested parties, according to the will or intestate law. Assume however that there is an interested party who can’t be reached. Their whereabouts are unknown. In case of a situation like this, the Declaration of Intent to Give Notice by Publication is something you’ll want to have ready to file with the probate court.
The Declaration of Intent to Give Notice by Publication 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 Declaration of Intent to Give Notice by Publication is associated with MCR 5.105(A)(3), which states:
(A) Manner of Service
(3) An interested person whose address or whereabouts is not known may be served by publication, if declaration of intent to give notice by publication, verified under MCR 1.109(D)(3) is filed with the court. The declaration must set forth facts asserting that the address or whereabouts of the interested person could not be ascertained on diligent inquiry. Except in proceedings seeking a determination of a presumption of death based on absence pursuant to MCL 700.1208(2), after an interested person has once been served by publication, notice is only required on an interested person whose address is known or becomes known during the proceedings.
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.
