Formal Estate

Formal Estate Proceedings

Formal proceedings are commenced by filing a PC559 Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) and other related papers. To complete the Petition form MC97 Personal Identifying Information will also need to be filed. This document is confidential and for court use only. After either a court hearing with proper notice to all interested persons or upon full waiver and consent, the probate judge may enter an order called an Order of Formal Proceedings PC569. This order may admit a will, determine the heirs of the deceased and appoint a personal representative. Once the order is entered, the personal representative qualifies to act by filing an PC571 Acceptance of Appointment and any required bond. To complete the Acceptance of Appointment form MC97A Addendum to Personal Identifying Information will also need to be filed. The personal representative will proceed with unsupervised administration until the estate is ready to be closed. A petition for a formal proceeding on any aspect of administration may be filed at any point. A judge then enters any applicable orders after either a court hearing with proper notice or upon filing of full waivers and consents.

INITIALLY: $175.00 FILING FEE

Forms needed to open file

PC559 Petition for Probate and/or Appointment of Personal Representative

MC97 Personal Identifying Information will also need to be filed to complete the Application. This document is confidential and for court use only.

Copy of death certificate

PC565 Testimony to identify Heirs – Must be notarized or signed in front of a deputy register at the court.

PC566 Supplemental Testimony to Identify Heirs (if a devisee is not an Heir) - Must be notarized or signed in front of a deputy register at the court.

PC567 Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice (if needed)

Original Last Will and Testament (if the decedent had one)

PC562 Notice of Hearing (contact the court for a date and time)

PC564 Proof of Service - Petition and Notice of Hearing to all Interested Parties

PC571 Acceptance of Appointment and PC 570 Bond if required by the Will

MC97A Addendum to Personal Identifying Information is needed to complete the Acceptance of Appointment

PC572 Letters of Authority - $12 for each certified copy

DURING ADMINISTRATION

PC574 Notice to Creditors, Decedent’s Estate, if applicable.
This form to be filed with the local newspaper. (Copy of affidavit of publication to be sent to the court.) Claims period is 4 months

PC577 Inventory – to be filed within 91 days.
Inventory fee paid (based on the value of the inventory)

PC573 Notice of Appointment of Duties

PC576 Notice regarding Attorney Fees (if an attorney has been retained)

PC618 Personal Representative Notice to Friend of the Court  
Address for Friend of the Court is: 100 East State Street, Ste 4100, St. Johns, MI 48879

PC587 Notice of Continued Administration – due annually if the estate is open for more than 1 year. Inventory fee is due prior to Sworn Statement to Close or at the time of filing your Notice of Continued Administration

TO CLOSE THE ESTATE – submit the following documents together

PC591 Sworn Statement to Close Unsupervised Administration – this form must be notarized.     There is a 28 day grace period for objections.

PC592 Certification of Completion – to be submitted with Sworn Statement to Close

NOTE: The sworn statement to close unsupervised administration will not be accepted until all of the above forms have been filed with the court and fees paid.Please note that Clinton County Probate Court is prohibited by law from giving legal advice on any of the above proceedings other than to answer your specific questions regarding filing requirements. You should consult with an attorney if you have specific legal questions regarding which method of administration to use given your specific circumstances. MCL 700.1211