The end of your role as conservator, guardian, personal representative, trustee or power of attorney is near. One of the final forms in probate, which we are going to cover, is the Order of Discharge. This document says to the court that you have completed all the responsibilities for the interested parties and you are now free of liability.
The State court administrative office provides these court-approved forms. This particular one is PC 597, which can be found by visiting here. You’re welcome to call our office as well, and we’d be happy to hand it to you. The form also has identified the various statutes and court rules.
This form follows MCR 300.1626, which states:
(1) Before the appointment of a guardian, the court shall consider the duration of the term of guardianship. The duration of the term shall be indicated in a court order.
(2) A partial guardian shall not be appointed for a term greater than 5 years.
(3) At the expiration of the term of guardianship a new petition for guardianship may be filed pursuant to this chapter.
In addition, this form follows MCL 700.3612, which states:
Except as otherwise ordered in formal proceedings, the probate of a will after the appointment of a personal representative in intestacy or under a will that is superseded by formal probate of another will, or the vacation of an informal probate of a will after the appointment of the personal representative under that will, does not terminate the personal representative’s appointment, although the personal representative’s powers may be reduced as provided in section 3401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 28 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
Other statutes which this form follows includes MCL 700.5431, MCL 700.5426(4), MCL 700.5310 and MCR 5.311(B)(3). Darren Findling of The Probate Pro will go over with you on just how easy this probate court form is.
If you have any questions related to the Order of Discharge form, other probate forms, or probate in general, call The Probate Pro today at (833) PROBATE. All we do is probate, so we are ready to help you with all things probate.