Many times when someone files a petition with the probate court, that person is drafting the language of the petition from scratch. Drafting from scratch is generally done when there’s a lot that is being requested. For something more narrow or specific, there’s a form which someone can file. On top of that, it can allow that person to request an order from the court. This form is simply known as the Petition and Order form.
The Petition and Order form 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 form is associated with MCR 5.113, which states:
(A) Forms of Papers Generally.
(1) An application, petition, motion, inventory, report, account, or other paper in a proceeding must
(a) comply with MCR 1.109 and be legibly typewritten or printed in ink in the English language, and
(b) include the
(i) name of the court and title of the proceeding in which it is filed;
(ii) case number, if any, including a prefix of the year filed and a two-letter suffix for the case-type code (see MCR 8.117) according to the principal subject matter of the proceeding, and if the case is filed under the juvenile code, the petition number which also includes a prefix of the year filed and a two-letter suffix for the case-type code.
(iii) character of the paper; and
(iv) name, address, and telephone number of the attorney, if any, appearing for the person filing the paper, and
(c) be substantially in the form approved by the State Court Administrator, if a form has been approved for the use.
(2) A judge or register may reject nonconforming documents in accordance with MCR 8.119.
(B) Contents of Petitions.
(1) A petition must include allegations and representations sufficient to justify the relief sought and must:
(a) identify the petitioner, and the petitioner’s interest in proceedings, and qualification to petition;
(b) include allegations as to residence, domicile, or property situs essential to establishing court jurisdiction;
(c) identify and incorporate, directly or by reference, any documents to be admitted, construed, or interpreted;
(d) include any additional allegations required by law or court rule;
(e) except when ex parte relief is sought, include a current list of interested persons, indicate the existence and form of incapacity of any of them, the mailing addresses of the persons or their representatives, the nature of representation and the need, if any, for special representation.
(2) The petition may incorporate by reference papers and lists of interested persons previously filed with the court if changes in the papers or lists are set forth in the incorporating petition.
(C) Filing by Registered Mail. Any document required by law to be filed in or delivered to the court by registered mail, may be filed or delivered by certified mail, return receipt requested.
(D) Filing Additional Papers. The court in its discretion may receive for filing a paper not required to be filed.
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.