Article III, Part 3  Informal Probate and Appointment Proceedings - Menu

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If a will appoints co-personal representatives, but one co-personal representative declines to serve (and the will is silent as to continuing to act alone),  may the remaining personal representative be appointed informally? (ref. sections 1106(m), 3203, 3308(1)(f), 3309 and 3310) 0662

What is the proper procedure when there is informal probate and then a newer will is discovered? (ref. sections 3303(2) and 3401(1)(b)) 0522

Does a nominated personal representative who can not be located retain his or her priority?  How must such individual be handled in commencing probate? (ref. sections 3203(1)(a), 3308 and 3414; MCR 5.125, 5.106 and 5.309) 0495

Can an insurance company petition the probate court to determine an estate's interest in an annuity? (ref. sections 3308, 1105(c) and 3414) 0461

Is informal probate available to admit a will and 2nd codicil when the original 1st codicil is missing? (ref. sections 3311, 3402, 1108(b), 2502, 2503) 0421

In a wrongful death case where the names of interested persons are unknown, may an Application be filed?  May it be filed by the niece of a living brother? (ref. sections 3301, 1403 and MCL 600.2922) 0398

Can a register immediately appoint an interested person special personal representative without notice to those with equal priority? (ref. sections 3614(a), 3615 and 3307; MCR 5.202) 0382

May an attorney in fact under a power of attorney open an estate for a principal's deceased spouse?  Since the principal has disappeared and the spouse has no heirs available, are there other options? (ref. sections 3301, 3401 and 3204(1); MCR 5.114(A)(3)) 0370

How may an estate be closed that only requests informal probate or formal testacy where there is no personal representative to file closing documents? (ref. sections 3301, 3302, 3306 and 3401) 0354

When an Application is filed where a deceased spouse would have had priority for appointment and there is no estate commenced for that spouse, does notice need to be given to the deceased spouse's estate?  If so, how must it be given? (ref. sections 3310, 1103(o), 1104(b) and 1106(h)(m)) 0316

When, subsequent to appointment, a will is discovered which may change testacy status, what responsibility does the court or personal representative have to interested persons? (ref. sections 3612, 3301(1)(d), 3414(2), 3402 and 1309(a)) 0310

When an application is filed for the sole purpose of having a will admitted to probate what is the requirement for notice and who receives notice?   Should an order be entered closing the matter? (ref. section 3306; MCR 5.125) 0295

What procedure should be used to probate a will to exercise a testamentary power of appointment? (sections 3301, 3306, 3401, and 3412(1); MCR 5.302(B)) 0286

May a will be admitted to probate without appointing a personal representative?  What is the filing fee? (ref. sections 3301 and 3401) 0258

When may an authenticated copy of a foreign will be used to establish informal or formal testacy in Michigan? (ref. sections 3301(1)(b)(i) and 3402(1)(c)) 0248

Once a will is admitted by formal proceedings, do heirs who are not devisees remain interested persons?  What result if will admitted by informal proceedings? (ref. sections 3412 and 3302) 0245

Must any unsigned will accompany an application for informal appointment of a personal representative? (ref. section 3301(1)(d)) 0219

Who are the interested persons for commencing administration of an estate with a wrongful death action? (ref. sections 2803, 3301, and 3401; MCR 5.125(C)(2) and 5.125(C)(13)) 0197

Are papers filed with the probate court public record when proceedings were commenced by informal proceedings?  What if commenced by formal proceedings? (ref. sections 3301, 3401 and 3414; MCR 5.113(D)) 0178

Can the personal representative of an interested person commence an estate proceeding?  What priority would the personal representative have? (ref. sections 1105, 3301, 3401 and 3203) 0175

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

Can there be informal appointment in an intestate estate? (ref. sections 3307 and 3308(1)(e)) 0169

How can you cutoff the opportunity for an heir to object to an informally probated will?  Can you treat the heir as a possible known creditor? (ref. sections 3301, 3401, 1103(g) and 1104(m)) 0163

For an ancillary administration what papers must be filed to enable a personal representative to have full authority to act in Michigan? (ref. sections 4203 and 3303(4)) 0157

In an estate commenced by informal proceeding, does a request for formal probate and appointment require revocation of the initial appointment and new Acceptance of Appointment? (ref. sections 3302, 3401, and 3307) 0118

Can an ancillary estate in Michigan be administered separate from the primary estate?  Can claims be paid and distributions made directly to heirs? (ref. sections 4203, 4204, 3402, 3303 and 3914) 0104

If a sole heir applies for informal appointment, are there any further notice requirements before appointment? (ref. section 3310) 0093

How soon can a funeral home proceed to have someone appointed to make funeral arrangements? (ref. sections 3301, 3203, 3615) 0088

Can the register appoint a personal representative named in a will without probating the will? (ref. sections 3102, 3309, 3308) 0079

Can a lost will of a non-resident be admitted to probate without first being admitted in the state of decedent's residence? (ref. sections 3402(1)(c), 4205, 3301) 0078

When should a guardian ad litem be appointed in a decedent's estate?  Must a judge make the appointment? (ref. sections 1403(d), 3204(1) and 3310) 0072

What form should be used to waive a priority for appointment? (ref. section 3310) 0071

Does a personal representative nominated in a will have priority in an informal proceeding? (ref. section 3203, 3310) 0063

When does a person have a "property right" sufficient to for them to be an "interested person"?  Can a creditor be a personal representative?  (ref. sections 3301, 1105(c), 3203) 0059

How must an unsecured creditor begin an estate with no known heirs? (ref. sections 3203, 3308, 3310) 0048

Can an individual who knows of a will but does not want it probated be appointed informally?  What procedure needs to be followed?  Are devisees named in such will interested? (ref. sections 3301, 3303, 3308, 3311) 0021

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Last Updated:  1-11-10

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