If you are involved in the appointment or designation of a fiduciary in Royal Oak, MI, you will need Form WCPC-571. This form is used for the Wayne County Probate Court for the appointment and/or designation of a fiduciary. Other counties may have their own form but they should, by and large, contain much the same information.
A fiduciary is required to act in the best interests of the estate, and not in their own personal interests. This is an important role and one where you may want to have counsel from a probate administration attorney. The Probate Pro is here to explain the form that designates the fiduciary.
At the top-left of Form WCPC-571, you’ll see that it’s a form for the court in Wayne County, and the top-right contains the case number and name of the judge. You will identify whether you’re accepting the appointment or nomination as the fiduciary in the role that you’re seeking. The address and phone number of the probate court are already completed.
At the bottom, you’ll see that it identifies the form number, as well as the statutory provisions and court rules that relate to this particular form. If you are seeking additional information, you can go to those statutes or court rules for clarification.
The section labeled, “In the Matter Of” is the name of the estate, whether it is for guardianship, conservatorship, or a deceased’s estate. You will need to fill in the first, middle, and last name of that person.
The next section is a checkbox under number one, where you must identify the nature of the fiduciary relationship of which you’ve been appointed, whether it is as a guardian, conservator, or personal representative.
Section number two is reserved specifically for a designated standby guardian of a legally incapacitated individual. This is a new allowance or provision within the statute that allows a person to be a standby guardian of a ward. You can sign the designation saying you will accept the designation as standby guardian in advance of the start of your fiduciary role.
Number three is the spot where you accept the appointment. You’re agreeing to consent to the jurisdiction of the probate court, and to follow the statutes and court rules. You’re agreeing to follow the reports and perform all of the required provisions that are set forth under statute and court rule.
Section four is an exemption as it relates to whether you will limit your agreement to serve in this role regarding certain ownership or real estate interests. This is not a commonly used provision, but it allows for the fiduciary in Detroit to avoid responsibility for a certain aspect of the estate that may have a high risk associated with it. In some cases, it may be because you believe the property is contaminated with a hazardous substance, and you want to avoid liability.
Next, the form gives you the option to receive the court communications via email or traditional mail. Finally, there’s a spot for the attorney to sign, as well as the person who is accepting the fiduciary role.
You’ll notice that in the Date of Birth section, it refers to Form MC-97a. This form is used to protect information so the general public can’t obtain information like dates of birth and Social Security numbers. You’ll want to refer to SCAO form MC-97a for this particular provision.
Being designated a personal representative (or guardian or conservator) is an important role, and appointees must know exactly what they are getting into. Fiduciaries who are appointed in Detroit will need to fill out a form accepting their appointment and our local probate attorneys can guide you through everything that comes after. Don’t delay any longer – call The Probate Pro now!