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The Michigan PC 568 form serves as a critical document within the probate process, specifically designed for informal probate proceedings. This form facilitates the application for the informal probate of a decedent's will, the appointment of a personal representative, or the reopening of a previously administered estate. Key aspects of the form include the verification of proper venue, the completeness of the application, and the identification of interested parties. It also confirms the possession of an original will and any relevant codicils, ensuring that they are unrevoked and properly executed. The form outlines the criteria for appointing a personal representative, including their priority status and the requirement for notice to other interested parties. If the application meets all necessary conditions, the court admits the will to informal probate and appoints the designated personal representative. Conversely, the form also provides grounds for denial, such as the existence of another appointed personal representative or prior probate orders concerning the same will. Overall, the Michigan PC 568 form plays a vital role in streamlining the probate process while ensuring compliance with state laws.

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Approved, SCAO

JISCODE: RIO

STATE OF MICHIGAN PROBATE COURT COUNTY OF

REGISTER'S STATEMENT

FILE NO.

Estate of

1. An application has been filed requesting

 

informal probate of the will of the above named decedent.

 

theappointment ofa personal representative.

 

the previously administered estate be reopened.

 

appointment of a successor personal representative.

 

2. Upon consideration of the application, I determine that all of the following are true:

 

a. Venue is proper.

 

b. The application is complete and made in accordance with MCL 700.3301 or MCR 5.312.

 

c. The applicant appears to be an interested person.

 

d. An original, properly executed, and apparently unrevoked will dated

with codicil(s) dated

is in my possession.

 

An authenticated copy of the will and codicil(s) probated in

County

is offered for informal proceedings and documents establishing probate in another state are in my possession. e. The application is not within MCL 700.3304 or MCR 5.144.

f. A will to which the requested appointment relates has been formally or informally probated.

g. The person whose appointment is sought has priority to the appointment, with or without appropriate nomination and/or renunciation.

Theapplicantgavenoticeofhis/herintentiontoseekaninformalappointmenttoeachpersonhavingapriororequalright to an appointment not waived in writing and filed with the court.

h. There is good cause to reopen the previously administered estate and appoint a personal representative. The estate was

 

not closed under supervised administration.

 

 

 

3.

The will dated

 

 

 

with codicils dated

 

 

 

is admitted

 

to informal probate.

 

 

 

 

 

 

 

 

 

 

 

4.

 

 

 

 

 

is appointed

 

 

 

 

personal representative

specialpersonalrepresentative

successorpersonalrepresentative

 

of the decedent's estate and upon filing a statement of acceptance, letters shall issue to that personal representative

 

withoutbond.

upon filing a bond in the amount of $

 

 

.

 

 

After qualification, the personal representative shall comply with all relevant requirements under the law.

5.

The application is denied because:

 

 

 

 

 

 

 

 

 

 

 

 

a personal representative has been appointed in this or another county of this state and continues to serve.

 

this or another will of the decedent has been the subject of a previous probate order.

 

the probate relates to one or more of a known series of testamentary instruments, the latest of which does not expressly

 

revoketheearlier.

 

 

 

 

 

 

 

 

 

 

 

 

other:

 

 

 

 

 

 

 

 

 

 

 

6.

The estate is reopened.

Letters of authority expire

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

Register

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney name (type or print)

 

 

Bar no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

City, state, zip

 

 

Telephone no.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do not write below this line - For court use only

 

 

 

 

MCL 700.3302, MCL 700.3303, MCL 700.3304, MCL 700.3305, MCL 700.3308, MCL 700.3601,

PC 568 (9/05) REGISTER'S STATEMENT

MCR 5.309, MCR 5.312

Form Specifications

Fact Name Details
Purpose of Form The Michigan PC 568 form is used to request informal probate of a will, the appointment of a personal representative, or the reopening of a previously administered estate.
Governing Laws This form is governed by several laws including MCL 700.3301, MCL 700.3302, MCL 700.3303, MCL 700.3304, MCL 700.3305, MCL 700.3308, and MCR 5.312.
Eligibility Criteria To use this form, the applicant must be an interested person, and the application must meet specific criteria outlined in the governing laws.
Filing Requirements The applicant must provide an original will, any codicils, and documents establishing probate in another state, if applicable, along with the completed form.
Outcome of Application The court may either admit the will to informal probate and appoint a personal representative or deny the application based on certain conditions.

Michigan Pc 568: Usage Guidelines

Filling out the Michigan PC 568 form requires careful attention to detail. This form is used in probate court matters, and it is essential to ensure that all information is accurate and complete. Once the form is filled out, it will be submitted to the probate court for consideration. Following the steps outlined below will help facilitate this process.

  1. Obtain a copy of the Michigan PC 568 form from the Michigan courts website or your local probate court.
  2. At the top of the form, fill in the estate name and file number in the designated spaces.
  3. In section 1, indicate the nature of the application by checking the appropriate box: informal probate of the will, appointment of a personal representative, reopening a previously administered estate, or appointment of a successor personal representative.
  4. Proceed to section 2 and confirm that all statements are true by checking the corresponding boxes. Ensure you have the required documents available, such as the original will and any codicils.
  5. In section 3, provide the date of the will and any codicils being submitted for informal probate.
  6. Section 4 requires you to fill in the name of the person being appointed as the personal representative. Specify whether they are a special or successor personal representative.
  7. If applicable, indicate the amount of the bond required for the personal representative in the designated space.
  8. In section 5, if the application is denied, check the relevant reason(s) for denial. If none apply, leave this section blank.
  9. Complete section 6 if the estate is being reopened, providing the expiration date for letters of authority.
  10. Sign and date the form at the bottom. Include your name, bar number, address, city, state, zip code, and telephone number.
  11. Submit the completed form to the probate court along with any required attachments or fees.

Your Questions, Answered

What is the purpose of the Michigan PC 568 form?

The Michigan PC 568 form is used in probate court to request informal probate of a decedent's will. It allows interested parties to apply for the appointment of a personal representative, reopen a previously administered estate, or appoint a successor personal representative. The form ensures that the application meets legal requirements and provides necessary documentation for the court's consideration.

Who can file the Michigan PC 568 form?

Any interested person can file the Michigan PC 568 form. This includes individuals who may benefit from the estate, such as heirs or beneficiaries. The applicant must ensure that they have the original will and any relevant codicils in their possession, as well as provide notice to other parties who may have equal or prior rights to the appointment.

What happens after the Michigan PC 568 form is filed?

Once the Michigan PC 568 form is filed, the probate court will review the application. If all requirements are met, the court will admit the will to informal probate and appoint a personal representative. This person will manage the estate according to Michigan law. If the application is denied, the court will provide reasons for the denial, which may include the appointment of another personal representative or issues with the will.

What are the consequences of not following the requirements outlined in the Michigan PC 568 form?

Failure to adhere to the requirements of the Michigan PC 568 form can lead to the denial of the application. If the court finds that the application is incomplete or that the applicant does not have the proper standing, it may reject the request. This could delay the probate process and affect the distribution of the estate. It is crucial to ensure that all necessary documents and notifications are in order before submission.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide all necessary details. Each section of the form must be filled out completely to ensure the application is processed without delays.

  2. Incorrect Venue: Applicants often overlook the importance of the correct venue. The probate must be filed in the county where the decedent resided, and selecting the wrong location can lead to rejection.

  3. Missing Signatures: A form without the required signatures will not be accepted. Ensure that all necessary parties have signed the application before submission.

  4. Failure to Notify Interested Parties: Not providing notice to all interested persons can result in complications. The applicant must notify anyone who has a right to be involved in the probate process.

  5. Improper Will Documentation: Submitting a will that is not properly executed or is believed to be revoked can lead to denial. Ensure that the will is original, properly signed, and dated.

  6. Ignoring Previous Probate Orders: If the decedent's will has already been probated, this must be disclosed. Failing to mention previous probate orders can result in complications and potential legal issues.

  7. Not Meeting Legal Requirements: The application must comply with specific legal standards outlined in Michigan law. Familiarizing oneself with these requirements is crucial for a successful application.

  8. Inaccurate Personal Representative Information: Providing incorrect details about the proposed personal representative can create problems. Ensure that the name and contact information are accurate and up to date.

  9. Neglecting to Follow Up: After submitting the form, applicants sometimes forget to follow up with the court. It is important to check on the status of the application to address any issues promptly.

Documents used along the form

The Michigan PC 568 form is a critical document used in the probate process, particularly for informal probate proceedings. When dealing with estate matters, several other forms and documents often accompany the PC 568 to ensure a comprehensive approach to the legal requirements. Below is a list of these commonly used documents.

  • Michigan PC 558 - Petition for Probate: This form is used to initiate the probate process by formally requesting the court to validate a will and appoint a personal representative for the estate.
  • Michigan PC 559 - Notice of Hearing: This document informs interested parties about the hearing date and time regarding the probate application, ensuring that all relevant individuals are aware of the proceedings.
  • Michigan PC 564 - Acceptance of Appointment: This form is completed by the appointed personal representative to formally accept their role and responsibilities in managing the estate.
  • Michigan PC 570 - Inventory: This document provides a detailed list of the deceased's assets, which the personal representative must file with the court to disclose the estate's value and contents.
  • Michigan PC 583 - Final Account: This form is used to summarize all financial transactions related to the estate, including income, expenses, and distributions to beneficiaries, and must be submitted before closing the estate.

Understanding these forms can help streamline the probate process. Each document plays a vital role in ensuring that the estate is handled according to the law and the wishes of the deceased. Being informed about these requirements can alleviate some of the stress associated with managing an estate.

Similar forms

The Michigan PC 568 form is a document used in the probate process, specifically for informal probate of a will. It shares similarities with several other legal documents related to estate management. Here are five documents that are comparable to the Michigan PC 568 form:

  • Probate Petition: This document initiates the formal probate process. Like the PC 568, it requests the court to recognize a will and appoint a personal representative. Both documents require details about the decedent and their estate.
  • Letters of Administration: Issued by the court, these letters authorize a personal representative to manage an estate. Similar to the PC 568, they confirm the appointment of an individual to oversee the estate's affairs, ensuring that all legal requirements are met.
  • Will: The actual will of the decedent is essential in both the PC 568 form and the probate process. Both documents reference the will, which outlines the decedent's wishes regarding the distribution of their assets.
  • Notice of Hearing: This document informs interested parties about a court hearing regarding the probate of a will. It is similar to the PC 568 in that both aim to ensure that all interested parties are notified and have the opportunity to respond to the probate proceedings.
  • Inventory of Estate Assets: This document lists all assets of the decedent's estate. Like the PC 568, it plays a critical role in the probate process, providing transparency about what is being managed and distributed under the court's supervision.

Dos and Don'ts

When filling out the Michigan PC 568 form, it is essential to follow specific guidelines to ensure your application is processed smoothly. Here are six things you should and shouldn't do:

  • Do ensure that all required fields are completed accurately.
  • Do provide an original, properly executed will and any relevant codicils.
  • Do confirm that you have notified all interested parties about your intention to seek an informal appointment.
  • Do check that the venue is correct and appropriate for the application.
  • Don't submit the form without reviewing it for errors or omissions.
  • Don't forget to include your contact information, including your address and phone number.

By adhering to these guidelines, you can help ensure a more efficient and effective application process.

Misconceptions

Misconceptions about the Michigan PC 568 form can lead to confusion regarding its purpose and requirements. Below are seven common misconceptions explained.

  • The PC 568 form is only for new probate cases. This form can also be used to reopen previously administered estates or to appoint a successor personal representative.
  • Only lawyers can file the PC 568 form. While legal representation can be beneficial, individuals who are interested persons may also file the form on their own.
  • The form guarantees that the application will be approved. Approval is not guaranteed. The court must determine that all requirements are met before granting informal probate.
  • The PC 568 form is the same as a formal probate application. The PC 568 is specifically for informal probate, which is a simpler process compared to formal probate.
  • A will must be formally probated before using the PC 568 form. A will can be informally probated using this form if it meets the necessary criteria outlined in the application.
  • All interested persons must agree for the application to be approved. While notice must be given to interested persons, their agreement is not a requirement for the court to approve the application.
  • The personal representative must be a family member. While many personal representatives are family members, the law allows for any interested person to be appointed, provided they meet the qualifications.

Key takeaways

When filling out the Michigan PC 568 form, it's important to keep several key points in mind. Understanding these can help ensure a smoother process.

  • Purpose of the Form: The PC 568 form is used to request informal probate of a will or the appointment of a personal representative.
  • Proper Venue: Make sure that the probate court you are filing with is the correct venue for the estate.
  • Complete Application: Ensure that all required information is filled out accurately. Incomplete applications may lead to delays or denials.
  • Interested Persons: The applicant must be an interested person, meaning they have a stake in the estate.
  • Will Requirements: An original will must be submitted. It should be properly executed and apparently unrevoked.
  • Notification: The applicant must notify others who have a prior or equal right to the appointment, unless they have waived that right.
  • Good Cause: If reopening a previously administered estate, the applicant must demonstrate good cause for this action.
  • Acceptance of Appointment: The appointed personal representative must file a statement of acceptance to begin their duties.
  • Denial Reasons: Understand the potential reasons for denial, such as an existing personal representative or previous probate orders related to the will.

By keeping these points in mind, individuals can navigate the process of filling out and using the Michigan PC 568 form more effectively.