As a service to the community, The Probate Pro is committed to providing up-to-date and accurate information about the many probate courts in which it appears. You can access the probate forms here and watch videos on how to complete the forms. Like most probate courts throughout Michigan, the Wayne County Probate Court provides online access to free probate court forms.
How to Get Free Forms
Presently, it is not possible to go to the Wayne County Probate Court to obtain these forms because of the COVID-19 temporary closing. Until further notice, the Wayne County Probate Court is not physically accessible to the public. And most importantly, no in-person filings are permitted. So, the probate court provides online links to documents through its website. These same state court administrator (SCAO) forms can be accessed for free also through the State Bar of Michigan’s website.
Wayne County Probate Court Forms: How to Complete Forms
The probate forms should be carefully and accurately completed. Most of the forms are signed at the bottom with a penalty of perjury declaration that states “I declare under the penalties of perjury that this application has been examined by me and that its contents are true to the best of my information, knowledge, and belief.”
The probate court is prohibited by law from providing legal advice and/or assisting people in completing the forms. So, hiring a skilled, competent probate attorney is advisable. To assist in completing the probate forms, note that at bottom right corner of each form the relevant state statutes and court rules are listed (for example, “MCL 700.3609”).
Wayne County Probate Court Forms: How to Start a Wayne County Probate Court Case
Deceased Probate Estates
A deceased probate estate must be opened if a person dies with property or assets in their individual name with no joint owner or beneficiary designation. A personal representative is appointed by the court to handle the administration of the decedent’s estate. A petitioner or applicant would file a decedent’s estate in the county in which the decedent was domiciled at the time of death. If the decedent was domiciled outside of Michigan, but had property in Michigan, the petitioner or applicant may file an estate in the county where decedent’s property was located at the time of death.
A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent’s estate. When the petition is filed, unless waivers and consents from all interested persons are attached, a hearing will be held. On the date of the hearing, the petitioner and anyone else who wants to take part goes before the Judge and explains the need for a personal representative.
A personal representative may be appointed informally by filing an application directed to the probate register. An applicant seeking appointment in an informal proceeding must give notice and a copy of the application to each person having a prior or equal right to appointment who has not renounced the right.
Guardian and Conservator Estates
A guardian and/or conservator may be appointed by the probate court after a petition is filed. The petition may be filed by anyone interested in the well-being of the adult. After the petition is filed, a hearing will be scheduled.
The law states that a guardian may be appointed if a court determines that a person is an incapacitated individual. The law defines an incapacitated individual as:
“…one who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.”
A conservator may also be appointed if the person is unable to manage his or her property or finances effectively.
Wayne County Probate Court Forms: How to File Forms
During the COVID-19 restrictions and the resulting inability to file in person probate forms, the Court has established a process for filings forms by email, fax or US Mail. The State Court Administrator’s Office (SCAO) created a new confidential Contact Information form to provide for communications by the court electronically. The form can be found here.
The Wayne County Probate Court created a chart that assists in where and how to file probate pleadings. The chart can be found here. The chart helps identify for each type of probate proceeding where the document should be filed.
Probate pleadings to initiate a probate estate and filings for the probate counter clerk can be faxed to (313) 967-4030 or emailed to email@example.com.
To submit probate filings by regular U.S. mail, send the completed pleadings to:
Wayne County Probate Court
1305 Coleman A. Young Municipal Center
2 Woodward Ave
Detroit, MI 48226
Wayne County Probate Court Forms: Payment of Filing Fees
A list of the most common probate filing fees can be found here. When using a check or money order, it should be made payable to the “Wayne County Probate Court.” The probate court provides for the payment of filing fees through a web service called ePayment.
Periodically, this information on the Wayne County Probate Court forms will be updated.