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 does need to be court oversight 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 what you’d used to open the estate formally. If there is no real need for court oversight and everything is fine in the family though, you would want to open the administration with a Registers Statement form, the informal method.
The Registers Statement 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 Registers Statement is no different. The Registers Statement is associated with MCL 700.3302, which states:
Upon receipt of an application requesting informal probate of a will and after making the findings required by section 3303, the register shall issue a written statement of informal probate. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. A defect in an application or procedure relating to the application that leads to informal probate of a will does not render the probate void.
In addition to this statute, the Registers Statement is pursuant to MCL 700.3303, MCL 700.3304, MCL 700.3305, MCL 700.3308, MCL 700.3601, MCR 5.309 and MCR 5.312. 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.