As part of your role, it may be your responsibility to serve all interested parties in the matter of a person or estate. If the probate court is not serving the interested parties, it falls onto the responsibility of a petitioner to serve the pleadings and filings to all interested parties. Of course, accounting the relaying of information is something you will need to keep the court informed of. Otherwise, you could face serious sanctions. To inform the probate court of these servings made to others, you will need to complete the Proof of Service form.
How to Complete a Proof of Service
The Proof of Service form is a State Court Administrative Office form. If you need a copy of the form to fill out on your own, click here to get a free copy. Like many of the probate court forms, the Proof of Service form is pursuant to various statutes and court rules. The Proof of Service is pursuant to MCL 700.1401, which states:
(1) If notice of a hearing on a petition is required and except for specific notice requirements as otherwise provided by supreme court rule, the petitioner shall cause notice of the time and place of the hearing on the petition to be given to each interested person or the person’s attorney if the person has appeared by attorney or requested that notice be sent to the person’s attorney. Unless otherwise provided by supreme court rule, notice must be given by 1 of the following methods:
(a) Mailing a copy at least 14 days before the time set for the hearing by certified, registered, or first-class mail addressed to the person being notified at the post office address given in the person’s demand for notice, if any, or at the person’s office or place of residence, if known.
(b) Delivering a copy to the person being notified personally at least 7 days before the time set for the hearing.
(c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, publishing once a copy in a newspaper having general circulation in the county where the hearing is to be held at least 14 days before the time set for the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for a hearing.
(3) Proof that notice was given must be made at or before the hearing and filed in the proceeding.
(4) If a person entitled to notice under section 3306, 3310, 3403, 3414, 3705, or 5426 is a resident in and a citizen of a foreign country, the person required to give notice must notify the consul of the foreign nation in the city of New York or of the district having jurisdiction, or the consul, vice-consul, or consular agent resident in this state, if there is one, of the matters and with the particulars described in the relevant section of this act.
In addition to this statute, the Proof of Service form is pursuant to MCL 700.1306, MCR 5.104(A), MCR 5.105 and MCR 5.107. If you need to learn more about this form, please take a look at the video below. Darren Findling of The Probate Pro takes a dive into the form and covers all the statutes and court rules.
If you have any probate questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. We are ready to help you.
