Sometimes conservatorships do not go the way they should. For example, a conservator could be failing to uphold his or her responsibilities as one. If this happens, the conservator can be removed from his or her position by filing the Order for Administrative Closing Conservatorship to the probate court.
The Order for Administrative Closing Conservatorship 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 Order for Administrative Closing Conservatorship is associated with MCR 5.144, which states:
(A) Administrative Closing. The court may administratively close a file
(1) for failure to file a notice of continuing administration as provided by MCL 700.3951(3) or
(2) for other reasons as provided by MCR 5.203(D) or, after notice and hearing, upon a finding of good cause.
In a conservatorship, the court may administratively close a file only when there are insufficient assets in the estate to employ a successor or special fiduciary, or after notice and hearing upon a finding of good cause. If the court administratively closes the conservatorship, the court shall provide notice to the state court administrative office of the closure.
(B) Reopening Administratively Closed Estate. Upon petition by an interested person, with or without notice as the court directs, the court may order an administratively closed estate reopened. The court may appoint the previously appointed fiduciary, a successor fiduciary, a special fiduciary, or a special personal representative, or the court may order completion of the administration without appointing a fiduciary. In a decedent estate, the court may order supervised administration if it finds that supervised administration is necessary under the circumstances.
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.
