As one might know from reading our blogs, there are two types of probate in which people may enter. There’s formal probate – for more complex estates – and informal probate – used when there generally isn’t expected to be any complexity in the estates and the distribution of assets. For the individual looking to enter informal probate, he or she will need to have the Notice of Intent to Request Informal Probate ready to file with the probate court.
The Notice of Intent to Request Informal Probate is a State Court Administrative Office form. If you need this form or any other probate court forms, please reach out to us. We will be happy to provide you with this document and any other necessary probate court documents.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. This is no different. The Notice of Intent to Request Informal Probate is associated with MCR 5.309(C), which states:
(C) Notice of Intent to Seek Informal Appointment as Personal Representative.
(1) A person who desires to be appointed personal representative in informal proceedings must serve notice of intent to seek appointment and a copy of the application on each person having a prior or equal right to appointment who does not renounce this right in writing before the appointment is made.
(2) Service of notice of intent to seek appointment and a copy of the application must be made at least 14 days by mail or 7 days by personal service before appointment as personal representative. If the address of one or more of the persons having a prior or equal right to appointment is unknown and cannot be ascertained after diligent inquiry, notice of the intent to file the application must be published pursuant to MCR 5.106 at least 14 days prior to the appointment, but a copy of the application need not be published.
(3) Proof of service must be filed with the court along with the application for informal appointment as personal representative.
In addition to this statute, the Notice of Intent to Request Informal Probate is pursuant to MCL 700.3310. 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.