In the past, we have discussed orders regarding the appointment for personal representatives in the probate process. The court hands out its orders following the hearing. However, there is a separate form for whenever a petition for the removal of personal representative or petition to reopen estate is filed. This document is known as the Order Regarding Appointment of Personal Representative.

The Order Regarding Appointment of Personal Representative 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 Order Regarding Appointment of Personal Representative is associated with MCL 700.1309, which states:

   Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:

(a) Appoint a special fiduciary to perform specified duties.

(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.

In addition to this, the Order Regarding Appointment of Personal Representative is pursuant to MCL 700.3609, MCL 700.3610, MCL 700.3611, MCL 700.3614, MCL 700.3617, MCL 700.3959, MCR 5.204, MCR 5.144(B) and MCR5.312. 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.