When someone passes away, the county in which they resided in is where the probate process will take place. However, there are special circumstances in which the county in which the probate process occurs can be changed. The reason for this change would be to make things more convenient for all interested parties. Perhaps the domiciled county is too far from everyone and they’re clustered in a different county. In these situations, you will want to have the Petition and Order to Change Venue ready.
The Petition and Order to Change Venue 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 Petition and Order to Change Venue is associated with MCL 600.856, which states:
(1) The venue of all proceedings or any portion thereof may be changed for the convenience of the parties and witnesses or when an impartial trial cannot be had, to the probate court in any other county upon petition of an interested party or upon the motion of the probate judge who has or would have jurisdiction. Copies of documents, as specified by the petitioner, which are on file in the court where the proceedings are pending, together, with any original instrument as specified, shall, without payment therefor, thereupon be transmitted by the probate court to the probate court in the county granted venue. After venue is changed, any notice of hearing which is required to be published shall be published in the county from which venue was changed.
(2) In cases of contested venue, proceedings shall be stayed except in the probate court in the county where first filed until final determination there of venue.
In addition to this, the Petition and Order to Change Venue is pursuant to MCR 5.128. 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.