EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

----------------

May a special personal representative close an estate by sworn statement? (ref. sections 1106(n), 3954 and 3988) 0564

How and where should an estate be administered when there has been a previous small estate assignment? (ref. sections 1302, 3959 and 3982; MCR 5.312) 0556

Once an estate is formally closed, may an interested person offer an instrument intended by decedent to be a will for probate? (ref. sections 2503 and 3952) 0552

How may a receivable be distributed to beneficiaries? (ref. sections 3415, 3908, 3909 and 3952) 0550

Would an estate closed by an Order for Complete Estate Settlement need to be reopened to execute a deed conveying real estate? (ref. section 3959) 0533

Should a personal representative give a mortgagee actual notice of claims? (ref. sections 3810 and 3956) 0520

Does an interested person have a right to the documentation supporting an accounting in unsupervised administration? (ref. sections 3954(1)(d) and 3415) 0473

Is a personal representative required to prepare an account when he or she is the only interested person? (ref. sections 3954 and 3703(4)) 0417

How should a subsequent suit on a disallowed claim be coordinated with the separately running probate case? (ref. sections 3806, 1302, 1303, 3951, 3954 and 3703) 0381

May an estate be reopened to correct a typographical error? (ref. section 3959) 0324

What must be obtained from the Federal and State agencies concerning liability for estate taxes before an order of complete estate settlement is issued? (ref. section 3952) 0308

What certification date should used for Letters after a certificate of completion has been filed but before year has lapsed? (ref. sections 3612 and 3954) 0304

After the filing of a sworn statement, does the authority of the personal representative continue for one year if a Certificate of Completion has been filed? (ref. sections 3610(1) and 3954(2)) 0299

Is real estate assigned by an order of complete estate settlement? (ref. section 3952) 0288

May all interested persons waive a personal representative's accounting requirement? (ref. sections 3703(4), 3956 and 1402; MCR 5.104(B)(2)) 0280

What are the time limitations for taking action against a personal representative once an estate is closed? (ref. sections 3951, 3953, 3954 and 3956; MCR 2.612(C), 5.001(A), 5.801 and 7.204) 0268

When a claim has been filed with the court after the claims date and then a sworn statement is filed, should the court take any action to make sure the claim has been resolved? (ref. sections 3954(c) and 3955; MCR 5.125(E)) 0262

What action needs to be taken when a personal representative dies or resigns and a successor personal representative is appointed to discharge the duties of the original personal representative? (ref. sections 3609, 3610(3), 3703(4) and 3953) 0249

When reopening an estate, does the personal representative have to follow the same procedural requirements as in an initial estate administration? (ref. section 3959) 0194

When is the Notice of Continued Administration due in a reopened estate? (ref. section 3951) 0189

What are the advantages of closing an estate by an order of complete estate settlement? (ref. sections 3952 and 3302) 0173

What action does the court take if a fiduciary does not file a timely notice of continued administration? (ref. section 3951) 0166

How can a distribution in kind be made to a minor heir?  Can an orderfor complete settlement be obtained when there is an outstanding escrow agreement concerning the real estate? (ref. sections 3952 and 3906; MCR 5.105(D)) 0164

In an unsupervised administration who must receive copies of the inventory and accounts? (ref. sections 3706(2), 3954(1)(d), 1103(p) and 1105(c); MCR 5.125) 0153

What event should be the beginning date for tracking when a notice of continued administration needs to be filed?   What event should be the beginning date for tracking when an account must be filed?  What fiduciaries need to file an inventory? (ref. sections 3951 and 3706; MCR 5.310 and 5.204(B)) 0141

After an estate has been closed, may a personal representative retain authority to do particular acts specified by a court? (ref. sections 3608, 3610, 3951) 0140

Can form PC 607, Application/Petition to Reopen Estate,  be used to reopen an estate closed before April 1, 2000? (ref. section 3959) 0133

How should the transfer of real estate to beneficiaries be accomplished by a personal representative?   Is it by the Order for Complete Estate Settlement or deed? (ref. section 3952) 0128

What requirements are necessary for completion of an estate pending before April 1, 2000? (ref. sections 8101, 3804, 3952, and 3954) 0108

How should an attorney handle a situation where his fiduciary client is delinquent in duties? (ref. section 3951) 0070

What is the procedure when there is an objection to a sworn statement? (ref. sections 3954, 3958) 0062

May a personal representative formally appointed close an estate by filing a sworn statement? (ref. sections 3954, 3988) 0058

What are the filing requirements when an Order for Complete Estate Settlement is requested?  What may the court require to be filed in an independent request to the court? (ref. sections 3952, 3415 and MCR 5.307(D) 0025

EPIC Questions and Answers - Menu

Return to Calhoun County Courts Home Page

Last Updated:  3-13-06

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov