During the probate process, there may be a desire for there to be supervised administration. This could have been part of the will, or it could be petitioned for the best interest of all interested persons. Regardless of the situation, a petition will need to be entered with the court. The form you will need is the Petition for Supervised Administration.
The Petition for Supervised Administration 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 for Supervised Administration is associated with MCL 700.3502, which states:
(1) Any interested person or a personal representative may file a petition for supervised administration at any time, or a petition for supervised administration may be joined with a petition in a formal testacy or appointment proceeding.
(2) If a decedent’s testacy or a personal representative’s priority and qualification have not been previously adjudicated, a petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding, and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the decedent’s testacy and questions relating to the personal representative’s priority and qualifications in any case involving a request for supervised administration, even though the request for supervised administration may be denied.
(3) After notice to interested persons, the court shall order supervised administration of a decedent’s estate in any of the following circumstances:
(a) If the decedent’s will directs supervised administration, the court shall order supervised administration unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that supervised administration is not necessary.
(b) If the decedent’s will directs unsupervised administration, the court shall only order supervised administration on a finding that it is necessary for protection of persons interested in the estate.
(c) In other cases, the court shall order supervised administration if the court finds that supervised administration is necessary under the circumstances.
In addition to this, the Petition for Supervised Administration is pursuant to MCR 5.310. 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.