The Probate Pro is committed to providing up to date information on how to complete and respond to probate court forms. Imagine the scenario. The personal representative has left the estate open for far too long. How does one close the estate, you might ask? That’s an answer we have for you. The Michigan probate court system provides forms like the Notice of Intent to Close Estate Administration and Terminate Personal Representative’s Authority. This form (PC 589) is made available to you by clicking here. The form arises when the one year anniversary of the Letters of Authority has past.
The Probate Pro has made a video on this for you to know what needs to be filled in.
The personal representative has one of two choices: either they proceed to close the probate estate by filing this document to close the estate, distribute the assets and terminate or discharge their authority as personal representative – or they file a notice of continued administration, which would look to the probate court to extend the letters of authority for another calendar year.
Notice of Intent to Close Estate Administration and Terminate Personal Representative’s Authority
The Notice of Intent to Close Estate form is necessitated as a result of 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.
Terminate Personal Representative’s Authority
MCR 5.203(D) provides some additional support for the Notice of Intent to Close Estate. The court rule states:
Suspension of Fiduciary, Appointment of Special Fiduciary. If the fiduciary fails to perform the duties required within the time allowed, the court may do any of the following: suspend the powers of the dilatory fiduciary, appoint a special fiduciary, and close the estate administration. If the court suspends the powers of the dilatory fiduciary or closes the estate administration, the court must notify the dilatory fiduciary, the attorney of record for the dilatory fiduciary, the sureties on any bond of the dilatory fiduciary that has been filed, any financial institution listed on the most recent inventory or account where the fiduciary has deposited funds, any currently serving guardian ad litem, and the interested persons at their addresses shown in the court file. This rule does not preclude contempt proceedings as provided by law.