If you’ve filed a petition for probate, chances are you may be looking to have a more formal proceeding. After the hearing in which you have filed petition for probate, you will able to make such a declaration and demand for formal proceedings by completing and filing the Order for Formal Proceedings. This is a State Court Administrative Office form. If you need a copy of this form, reach out to us – we’ll be glad to provide you a copy of this.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Order for Formal Proceedings is no different. The Order for Formal Proceedings is associated with MCL 700.5418, which states:
(1) A conservator of a protected individual’s estate or, if there is no conservator, a guardian of a minor or legally incapacitated individual may exercise the same right to nominate, to object to another’s appointment, or to participate in determining the preference of a majority in interest of the devisees and heirs that the protected individual or ward would have if qualified for appointment.
(2) Except as provided in sections 3308(1)(f) and 3310, a person who does not have priority prescribed in section 3203(1)(a) to (f), including priority resulting from renunciation or nomination determined under this section or section 3203, shall be appointed only in a formal proceeding. The state or county public administrator must be appointed only in a formal proceeding. Before appointing the state or county public administrator or any other person without priority, the court shall determine that persons having priority have been notified of the proceedings and have failed to request appointment or to nominate another person for appointment, and that administration is necessary.
(3) A person is not qualified to serve as a personal representative if the person is either under the age of 18 or is a person whom the court finds unsuitable in formal proceedings.
(4) A personal representative appointed by a court of the decedent’s domicile has priority over all other persons except if the decedent’s will nominates different persons to be personal representatives in this state and in the state of domicile. The domiciliary personal representative may nominate another person, who then has the same priority as the domiciliary personal representative.
(5) This section and section 3203 govern priority for appointment of a general personal representative or successor personal representative, but do not apply to the selection of a special personal representative.
In addition to this statute, the Order for Formal Proceedings is pursuant to MCL 700.3409, MCL 700.3410, MCL 700.3414, 700.3502 and MCL 700.3601. 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.