Probate is used to determine who will receive property and inheritance of a deceased individual. This court-supervised process varies for each state. In Michigan, probate is required for most estates with only a few exceptions. When going through this process, there are several important Michigan probate court forms.
When someone dies in Michigan, probate is supervised in the local circuit court in the county where the individual lives during the time of death. This page gives information along with PDF examples of Michigan probate forms. Many of these examples are taken from the probate court in Oakland County and the Michigan One Court of Justice’s website.
Examples of Michigan Probate Court Forms
Petition for Probate (Testate/Intestate)
The Petition for Probate is used to start the probate process. These forms are filed in the local county probate court where the decedent resided at the time of death. If the decedent had a will, the forms should be marked as “Testate” and the will can enter probate. In cases where someone dies without a will, the forms should be marked “Intestate” and the court will use a specific process to determine who should receive assets of the deceased person.
Petition for Probate PDF
Appointment of Personal Representative
The Appointment of Personal Representative is used to appoint someone in charge of an estate as it’s going through probate. In other words, they’re in charge of overseeing the distribution of assets. The same form is used for this appointment as the Petition for Probate.
Appointment of Personal Representative PDF
Application for Informal Probate (Testate/Intestate)
An Application for Informal Probate is used to start informal probate proceedings. This version of probate is faster and less costly. This form is also used to appoint a personal representative for informal probate proceedings.
Application for Informal Probate (Testate/Intestate) PDF
Petition to Terminate/Modify Guardianship
Simply put, this form is used to either terminate or modify the legal guardianship over an individual.
Petition To Terminate/Modify Guardianship PDF
Petition for Supervised Administration after Previous Adjudication
A Petition for Supervised Administration is used at the beginning of supervised probate administration. This type of probate requires a judge to oversee activities of the estate. This can be requested by any interested party including: heirs, devisees, creditors, or beneficiaries.
Petition for Probate And/Or Appointment of Personal Representative PDF
Small Estate Proceeding
Disposition of Small Estates is used when the estate is valued at $23,000 or less. This is the requirement in Michigan for an estate to be classified as a “small estate.”
Small Estate Proceeding PDF
Probate Court Filing Fees
Here’s a list of probate court filing fees taken from the probate court in Oakland County.
Probate Court Filing Fees PDF
Notice to Creditors, Decedent’s Estate
The Notice to Creditors is used to inform creditors of the decedent’s death. It’s legally required that the personal representative provides notice to creditors before the estate can be legally closed.
Notice to Creditors PDF
Registration of Trust
In Michigan, a Registration of Trust is used to file a trust with the probate court and legally execute it.
Registration of Trust PDF
Talk To An Attorney
Probate is a complex process. If any mistakes are made throughout this process, the estate could be challenged or other legal issues may arise. Having the necessary Michigan probate court forms and ensuring they are correctly filled out and filed is vital to avoid legal issues.
You can find additional resources and forms on the Michigan Courts Website.
It’s highly advised to seek the help of an attorney specializing in Michigan probate to help guide you through this process. Having a probate lawyer help you with these forms and guide you through the process is a good way to avoid any potential legal issues.
If you have any questions about the Michigan probate process, contact our lawyers today.