You are involved in an informal probate estate and are in the process of appointing a personal representative – but you’re having second thoughts on who you are seeking to have appointed. If you are ever in this kind of situation, you should know that there’s a probate court form which can allow you to renounce the person from being appointed as personal representative. This form is known as the Renunciation of Right to Appointment.
The Renunciation of Right to Appointment form is a State Court Administrative Office form. If you need a copy of this or any probate court form, reach out to us. We can provide you with this form and any other forms you may need.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Renunciation of Right to Appointment is no different. The Renunciation of Right to Appointment is associated with MCL 700.3203(3), which states:
(1) For either formal or informal proceedings, subject to subsection (2), persons who are not disqualified have priority for appointment as a general personal representative in the following order:
(a) The person with priority as determined by a probated will including a person nominated by a power conferred in a will.
(b) The decedent’s surviving spouse if the spouse is a devisee of the decedent.
(c) Other devisees of the decedent.
(d) The decedent’s surviving spouse.
(e) Other heirs of the decedent.
(f) After 42 days after the decedent’s death, the nominee of a creditor if the court finds the nominee suitable.
(g) After 63 days after the decedent’s death, or if the court determines exigent circumstances exist, the state or county public administrator if any of the following apply:
(i) No interested person applied or petitioned for appointment of a personal representative within 63 days or the number of days determined by the court under this subdivision after the decedent’s death.
(ii) The decedent died apparently leaving no known heirs.
(iii) There is no spouse, heir, or beneficiary under a will who is a United States resident and is entitled to a distributive share in the decedent’s estate.
(2) An objection to the appointment of a personal representative may be made only in a formal proceeding. If an objection is made, the priorities prescribed by subsection (1) apply except in either of the following circumstances:
(a) If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, on petition of creditors, the court may appoint any qualified person.
(b) If a devisee or heir who appears to have a substantial interest in the estate objects to the appointment of a person whose priority is not determined by will, the court may appoint a person who is acceptable to the devisees and heirs whose interests in the estate appear to be worth in total more than 1/2 of the probable distributable value or, if no person is acceptable to these devisees and heirs, any suitable person.
(3) A person entitled to letters under subsection (1)(b) to (e) may nominate a qualified person to act as personal representative. A person may renounce his or her right to nominate or to an appointment by filing an appropriate writing with the court. If 2 or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them or in applying for appointment.
In addition to this statute, the Renunciation of Right to Appointment is pursuant to MCL 700.3310. 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.