In many cases, the estate of a deceased person in Royal Oak, MI will go through formal probate administration. But what exactly is involved with that process? We’re going to examine SCAO Form PC-569 (SCAO for State Court Administrative Office, PC for Probate Court). This order of formal proceedings follows the hearing where you file a petition to commence a deceased probate estate. This is different from an informal proceeding, which is followed by a register statement. The formal proceeding order has an adjudication by the court.
There are a number of statute and court rules that make up the basis of this particular order. These statutes can be complicated and must be understood to properly navigate through the formal probate administration in Royal Oak.
These laws are not especially intuitive and there’s no single guidebook you can reference to make your way through the process. Working with an attorney from The Probate Pro will help ensure that you can get the order entered, and prevent mistakes that could get you into a lot of trouble, like a breach of your fiduciary duties.
Let’s walk our way through this particular form, which we can provide free of charge if you contact our office.
In the top left corner of the order of formal proceeding form, you identify the county in which the probate matter is situated, and the top right corner is for the case number. From there, you will add the estate name, the date of the hearing, and the judge’s name; information that will be readily obtainable when you file the petition for probate.
The findings of the court is this next section. There will be a statement that says the notice of hearing was given to, or waived, by all of the interested persons. Court Rule 5.125 identifies the proper parties to be given notice.
When you file the petition for formal probate administration in Royal Oak, you must give notice to the interested parties, unless that notice has been waived, and there is a spot on the form that confirms if that has occurred.
The next important spot on the form is the date of the decedent’s death and whether they were a resident of the county in which the probate is situated. If they lived in another state, but there’s an asset here in that county, you have jurisdiction to file and commence a probate estate.
Next, there is the determination of the heirs. Even though there may be a will which names devisees, the court still determines the heirs as part of the process. It’s generally done in the initial petition and that’s why Section 5 of this form allows you to click a box for a determination of the heirs. Local statutes define who is an heir of each type of an estate.
The next section identifies whether the person died intestate (meaning without a will) or testate (with a will). This allows the court to make an adjudication on the admission of a will or codicil if it is presented in the initial petition, or whether the person died intestate.
The Number Seven box on the formal probate administration form identifies that the individual that you’re seeking to name as executor is suitable for appointment under Statutes 700.3203-4. Number Eight identifies whether the will mandates supervision or unsupervised administration. The circumstances regarding supervision may have changed and the form allows you to identify that.
If you’re seeking supervision or if the court is going to order supervision, you check the box and state whether that’s needed for the protection of the persons interested in the estate, which may be devisees, the heirs, the creditors, and so on. This is a really important consideration to ensure the parties affected by the probate administration are protected.
The next section is the order that the court has determined following the hearing and the petition. Almost everything in the findings is now repeated in the order. Generally, if you’re filing this form, then it’s after a hearing in which it’s been granted, and that box is checked. From there, most of it is repetition from above, and it identifies who the court has appointed as personal representative.
The court may also appoint a special personal representative, and there are statutes that dictate when that is appropriate. There is also a determination by the court for whether a bond is required, a surety bond or a personal bond. Upon the filing of that bond, it allows for that person to qualify as the personal representative and ultimately get appointed.
In addition, Section 14 allows the court to identify if supervision is denied, and a spot for the judge to sign, which allows the entry of that particular court order.
There are many considerations when filling out the form to initiate formal probate. Even when a will or trust exists to guide the administration, the legal hurdles can stop you in your tracks if you’re unfamiliar with what it all means.
At The Probate Pro, we’re passionate about everything probate. If you have questions regarding the order of formal probate administration in Royal Oak, or any related issue, call us now.