You’re about to open a probate administration, but you’ve been told there’s two ways in which you can open it – a formal and informal way. Knowing the difference between them is critical as to how you go about the probate estate. If there is no real need for court oversight and everything is fine in the family, you would want to open the administration with a Registers Statement form – which is used for informal probate. If there does need to be court oversight though and the family dynamics are a bit more complicated, you’ll need to have the Petition for Probate and Appointment of Personal Representative form – which is used for formal probate.
The Petition for Probate and Appointment of Personal Representative form is a State Court Administrative Office form. If you need a copy of this form or other probate court forms, please reach out to us. We will be glad to help you and provide you with any necessary probate forms.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Petition for Probate and Appointment of Personal Representative form is no different. The Petition for Probate and Appointment of Personal Representative form 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 statute, the Petition for Probate and Appointment of Personal Representative form is pursuant to MCL 700.3402, MCL 700.3502, MCR 5.302(A), MCR 5.308 and MCR 5.310(B). 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.