The estate is closing and the personal representative wants to wrap up his or her duties. One way in which the personal representative can move forward with the closing – to their convenience – is by filling and filing a form known as the Sworn Statement to Close Unsupervised Administration. This form is a more informal way in which the personal representative can close the estate. What makes this informal is that there does not need to be a court hearing.
The Sworn Statement to Close Unsupervised Administration is a State Court Administrative Office form, which can be found and printed by clicking here. Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Sworn Statement to Close Unsupervised Administration form is no different.
The Sworn Statement to Close Unsupervised Administration form is associated with MCL 700.3954, which states:
(1) Unless prohibited by court order and except for an estate being administered in a supervised administration proceeding, a personal representative may close an estate by filing with the court, no earlier than 5 months after the date of a general personal representative’s original appointment, a sworn statement stating that the personal representative or a previous personal representative has done all of the following:
(a) Determined that notice was published and the time limited for presentation of creditors claims has expired.
(b) Fully administered the decedent’s estate by making payment, settlement, or other disposition of all claims that were presented, of administration and estate expenses, and of estate, inheritance, and other death taxes, except as specified in the statement, including distribution of the estate property to the persons entitled. If a claim remains undischarged, the statement shall state whether the personal representative distributed the estate subject to possible liability with the distributee’s agreement or shall state in detail other arrangements that have been made to accommodate outstanding liabilities.
(c) Sent a copy of the statement to all estate distributees and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred.
(d) Furnished a full account in writing of the personal representative’s administration to the distributees whose interests are affected by the administration. The account shall clearly state the amount paid out of the estate in fiduciary fees, attorney fees, and other professional fees.
(2) If a proceeding involving the personal representative is not pending in the court 1 year after the closing statement is filed, the personal representative’s appointment terminates.
In addition to this statute, the Sworn Statement to Close Unsupervised Administration form is associated with MCL 700.3958 and MCR 5.311(A), (C). These are accessible by clicking on the MCL or MCR number. 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.