State Laws
Probate in Michigan
An interested person (heir, beneficiary, creditor, or nominated personal representative) may file an application to start informal probate. If no application has been made within 28 days of the testator’s death, then other parties with a claim or issue with the estate will become eligible to file.[4]
Application for Informal Probate
To begin informal probate and appoint a personal representative, an interested person must file the following with the probate court of the county where the decedent lived[5]:
- Application for Informal Probate and/or Appointment of Personal Representative
- Testimony To Identify Heirs[6]
- Supplemental Testimony to Identify Nonheir Devisees (if the will names individuals who are not heirs of the decedent)
- Death Certificate[7]
- Original Will
When appointed, the personal representative will complete and file the Acceptance of Appointment form. The court will issue Letters of Authority of Personal Representative, providing the appointee full authority to administer the estate.
The personal representative will need to prepare and file an inventory, notify creditors, provide various notices to interested parties, pay taxes, bills, claims, and fees, and distribute assets to the appropriate parties.
The estate may be closed when at least five months have passed since its opening and the time limit for creditors to present claims has expired.
Small Estates
Resources
Forms
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- Application for Informal Probate and/or Appointment of Personal Representative
- Testimony To Identify Heirs
- Supplemental Testimony to Identify Nonheir Devisees
- Death Certificate
- Acceptance of Appointment
- Letters of Authority of Personal Representative
- Affidavit of Decedent’s Successor for Delivery of Certain Assets Owned by Decedent
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