Informal probate proceedings begin by the filing of an Application for Informal Probate directed to the probate court register. The application may request informal probate (informal admission of a will) or appointment of a personal representative, or both. An informal proceedings for probate of a will or appointment of a personal representative is conducted by the probate register without notice to interested persons. The Probate Pro has put together this probate checklist to assist in the filing for informal probate.
Who May File an Application for Informal Probate?
Only an “interested person” may file an application for informal probate or appointment or both. Interested person is defined very broadly by MCL 700.1105(a):
“interested person” includes, but is not limited to, an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; and a fiduciary representing an interested person.
As a service to the community, The Probate Pro is committed to providing up-to-date, free probate forms. You can access the probate forms here and watch videos on how to complete the forms. The Michigan State Court Administrator’s Office (SCAO) created these probate forms to make the probate process uniform. The Probate Pro has created a corresponding step-by-step video explaining how to complete it.
Below is a checklist for the filing of informal probate through an Application for Informal Probate in Michigan.
PROBATE CHECKLIST
Payments:
- $175.00 filing fee to the County Probate Court (payable by cash, check, or credit card). Please check the specific probate court’s website for instructions on payment methods.
- $12.00 filing fee for each certified copy of a Letters of Authority.
Probate Forms:
These probate forms must be completely and carefully filled out (otherwise it is possible the probate register will reject the filing. The forms and documents which must be filed with or presented to the register to commence an informal proceeding are [click the form for a copy]:
- Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate)
- Death Certificate
- Original Last Will and Testament and any Codicils (if any)
- Testimony to Identify Heirs – Please remember that this document must be notarized.
- Appearance of Parent – only required if an interested person is a minor
- Supplemental Testimony to Identify Nonheir Devisees – This form is only filed if decedent left a will and some of the devisees named in the will and codicils are not heirs of the testator. Please remember that this document must be notarized.
- Renunciation(s) – required if there are persons with equal or higher right to appointment.
- Notice of Intent and Proof of Service – required if there are persons with equal or higher right to appointment and he/she does not sign a renunciation.
- Register’s Statement – Not required with the Wayne County Probate Court.
- Acceptance of Appointment
- Letters of Authority for Personal Representative
The informal probate documents and the appropriate filing fees must be submitted to the probate court. Then pursuant to MCL 700.3308(1), the probate register shall determine whether all of the following are true:
- The Application for Informal Probate is complete.
- The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief.
- The applicant appears from the application to be an interested person.
- On the basis of the statements in the application, venue is proper.
- An original, properly executed, and apparently unrevoked will is in the register’s possession (if applicable).
Need Help Completing Forms?
Please contact The Probate Pro at 1(833) PROBATE.
This checklist, list of filing fees, the forms, and videos provided are for information purposes only, and are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use the content, information, and services on this website at your own risk. The information and services are general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. You should consult with qualified legal counsel before acting on any of the information and services on this website.
