An interested person believes he or she has a right to be classified as an heir in the case of a decedent’s estate. Separate from the probate process itself, the individual will need to file something with the probate court to determine the heir status. This form to be filed is known as the Petition to Determine Heirs.

When you die with a will we say you died testate. If you die without a will, we say you’ve died intestate and what we’re referring to are the intestate heirs of the person that died. Why do we care who is defined as an heir and who is not defined as an heir. Well being an intestate heir gives you authority and standing within a probate estate to receive notice of the pleadings and most importantly gives you a right to inherit the assets of the decedent assuming there’s no will.

The Petition to Determine Heirs 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 to Determine Heirs is associated with MCL 700.1302(A)(V), which states:

 The court has exclusive legal and equitable jurisdiction of all of the following:

(a) A matter that relates to the settlement of a deceased individual’s estate, whether testate or intestate, who was at the time of death domiciled in the county or was at the time of death domiciled out of state leaving an estate within the county to be administered, including, but not limited to, all of the following proceedings:

(i) The internal affairs of the estate.

(ii) Estate administration, settlement, and distribution.

(iii) Declaration of rights that involve an estate, devisee, heir, or fiduciary.

(iv) Construction of a will.

  (v) Determination of heirs.

(vi) Determination of death of an accident or disaster victim under section 1208.

(b) A proceeding that concerns the validity, internal affairs, or settlement of a trust; the administration, distribution, modification, reformation, or termination of a trust; or the declaration of rights that involve a trust, trustee, or trust beneficiary, including, but not limited to, proceedings to do all of the following:

(i) Appoint or remove a trustee.

(ii) Review the fees of a trustee.

(iii) Require, hear, and settle interim or final accounts.

(iv) Ascertain beneficiaries.

(v) Determine a question that arises in the administration or distribution of a trust, including a question of construction of a will or trust.

(vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right.

(vii) Release registration of a trust.

(viii) Determine an action or proceeding that involves settlement of an irrevocable trust.

(c) Except as otherwise provided in section 1021 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1021, a proceeding that concerns a guardianship, conservatorship, or protective proceeding.

(d) A proceeding to require, hear, or settle the accounts of a fiduciary and to order, upon request of an interested person, instructions or directions to a fiduciary that concern an estate within the court’s jurisdiction.

In addition to this, the Petition to Determine Heirs is pursuant to MCL 700.3106 and MCR 5.308(B)(2). 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.