When a conservator has a piece of the ward’s real estate that needs to be disposed of, they will need authorization. Whether it’s being sold, mortgaged, pledged or made lien, a conservator should know that there’s a form required to be filed with the probate court. This form is known as the Order Regarding Real Estate.
The Order Regarding Real Estate 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 Real Estate is associated with MCL 700.5422(3), which states:
A conservator shall record an order allowing the sale, disposal, mortgage, or pledge of or placement of a lien on real property under section 5423 in the records of the register of deeds for the county in which the real estate is located. Unless the order has been recorded or a person to whom an interest in the real estate is transferred has been given a copy of the order, the person is not entitled to presume that the conservator has the power to sell or otherwise dispose of the real property, or to mortgage, pledge, or cause a lien to be placed on the protected individual’s real property, as applicable.
In addition to this statute, the Order Regarding Real Estate is pursuant to MCL 700.5423. 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.