Return to Probate Review MenuThe following changes were adopted by the Michigan Supreme Court on January 14, 2009. The changes are effective May 1, 2009. These amendments were adopted primarily as a result of submissions by the Michigan Probate Judges Association and the State Bar of Michigan's Probate and Estate Planning Section. This was an effort to increase the oversight of guardianship and conservatorship proceedings, as well as to improve other procedures in probate court.
A. MCR 5.105(D) was amended. This rule clarifies that only a minor who is at least 14 years old must be served with the petition or notice of hearing for a guardian or conservator for such minor. This will make the rule consistent with MCR 5.125(C)(19) and (24) which already define the interested persons as such for the proceedings. For example, a reading of the present rule alone could lead one to believe that it is required that a 2-year-old be served with a petition for the appointment of a guardian or conservator.
B. MCR 5.125(B)(1) was amended. This subrule is amended to provide that only a claimant who has properly presented a claim and whose claim has not been disallowed and remains unpaid need be notified of a proceeding. By eliminating the former language, the rule will apply to a conservator as well as any other situations where there is a claimant. The elimination of the former language concerning how a claim may be presented was eliminated in favor of the claim being properly presented which applies to all cases.
C. MCR 5.125(B)(5) was added. This is a new subrule which deals with a situation where an interested person is deceased. The rule allows that those persons interested in the decedent’s estate to be served without the necessity of a personal representative actually being appointed. If there are no known heirs, the Attorney General must receive notice. Many times there is no other reason to start an estate for the decedent who is an interested person. The present rule may force such an unnecessary appointment of a personal representative.
D. MCR 5.125(C)(6) this subrule was amended to add that the interested persons in the examination of a guardian's accounting are the ward and presumptive heirs of the ward.
E. MCR5.125(C)(27) was amended. This subrule was amended to add a guardian ad litem as an interested person for the purposes of receiving an inventory or account of a conservator or guardian.
F. MCR 5.125(C)(32) was added. This is a new subrule which is supported by institutional trustees. It defines the interested persons in a proceeding affecting a trust. Specifically, it requires trustees to receive notice of proceedings. It would avoid situations where the trustee’s first notice of a proceeding to remove a trustee is the order appointing a successor trustee.
G. MCR 5.206 was amended. The rule is broadened to clarify that attorneys and fiduciaries are not only responsible for closing administration but also for regular administration.
H. MCR 5.306(D) was amended. This subrule was amended to make it clear that a claim must be served upon the personal representative or the personal representative’s attorney. The present rule uses “may” which has been interpreted by some that such service was not mandatory. This is not required by statute and the filing of a claim with the court is strictly optional.
I. MCR 5.306(E) was added. This was formerly a part of MCR 5.306(D).
J. MCR 5.307(B) was added. The new language requires the personal representative to notify the court and interested persons of Notice of Continued Administration. The notice must be given within 28 days of the first anniversary of appointment and all subsequent anniversaries during which administration remains uncompleted.
K. MCR 5.309(C) was amended to substitute renounce for waive. Notice of Intent to Seek Informal Appointment as Personal Representative and a copy of the Application must be served on each person having a prior or equal right to appointment who does not renounce this right in writing before the appointment is made.
L. MCR 5.403(C) was amended. The subrule now requires that a petition for a temporary guardian for an alleged incapacitated individual shall specify in detail the emergency situation requiring the temporary guardianship.
M. MCR 5.403(D) was amended. The subrule now requires that a petition for a temporary guardian for a minor shall specify in detail the emergency situation requiring the temporary guardianship.
N. MCR 5.411 is a new rule. The rule states that in all conservatorships in which there are unrestricted assets, the court may require a bond in the amount the court finds necessary to protect the estate or as required by statute. No bond shall be required of trust companies organized under the laws of Michigan or of banks with trust powers unless the court orders that a bond be required.
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Last updated 1-16-09
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E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to: pharter@calhouncountymi.gov