This Petition for Probate and or Appointment of Personal Representative - Testate - Intestate is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
State:
Michigan
Control #:
MI-PC-559
Format:
PDF
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FAQ
An executor is someone named in your will, or appointed by the court, who is given the legal responsibility to take care of any remaining financial obligations. Typical duties include: Distributing assets according to the will. Maintaining property until the estate is settled (e.g., upkeep of a house)
Children - if there is no surviving married or civil partner If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
What is a petition for probate? A petition for probate is filed after a person passes away. It is usually filed by the person who is named the executor of the estate in the decedent's will. If there is no will, typically the decedent's spouse or one or more of their children seeks to be appointed executor.
In a probate case, an executor (if there is a will) or an administrator (if there is no will) is appointed by the court as personal representative to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all
You can administer an estate even if the deceased died without a will or failed to specify an executor. If your relationship to the deceased doesn't make you the probate court's default choice for administrator, you'll need to get permission from the relatives ahead of you in the priority order.
A personal representative usually is named in a will. However, courts sometimes appoint a personal representative. Usually, whether or not the deceased left a will, the probate court will issue a finding of fact that a will has or has not been filed and a personal representative or administrator has been appointed.
Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.
Locate Documents. Record the preferences of the testator. Check status of property and accounts. Confirm beneficiaries are correct. Make a list of personal possessions. Create a schedule of assets. Make a list of credit cards and debts. Electronic access to information.
File the form, the decedent's will (if there is one), and a certified copy of the death certificate with the county probate court where the decedent lived. If the decedent did not live in Michigan but owned real property in Michigan, file the documents in the county where the real property is located.