Sometimes it takes a while for an estate to be closed. Because of this, you may need to fill out a form known as the Notice of Continued Administration. By filing this form to the probate court, you are informing them that you need an extension of time as the personal representative of the probate estate.
The Notice of Continued Administration is a State Court Administrative Office form. The form can be found by clicking here. Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Notice of Continued Administration form is no different.
The Notice of Continued Administration form is associated with MCL 700.3951, which states:
(1) If the personal representative does not complete estate administration within 1 year after the original appointment by petitioning for a settlement order under section 3952 or 3953 or by filing a sworn statement under section 3954, the personal representative shall file with the court and send to all interested persons a notice that the estate remains under administration and specifying the reason for continuation of administration. This notice of continued administration must be filed not later than 28 days after the anniversary of the personal representative’s appointment and, if administration remains incomplete, not later than 28 days after each subsequent anniversary of the appointment.
(2) If the notice described in subsection (1) is not filed, an interested person may petition the court for a hearing on the necessity for continued administration or petition for a settlement order under either section 3952 or 3953. In response to such a petition, the court may issue appropriate orders to assure prompt estate settlement.
(3) If the notice described in subsection (1) is not filed and an interested person’s petition is not pending, the court may notify the personal representative and all interested persons that the court will close the estate administration and terminate the personal representative’s authority within 63 days unless within that time period any of the following occur:
(a) The personal representative files a notice under subsection (1), a petition for settlement under either section 3952 or 3953, or a sworn statement under section 3954.
(b) An interested person files a petition requesting a hearing on the necessity for continued administration or a petition for an order of settlement under either section 3952 or 3953.
To help you understand this form better, Darren Findling of The Probate Pro goes over everything for you.
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.