Informal Proceedings

Informal proceedings are commenced by filing an Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) with the forms listed below. The Application may only be filed by an "interested person,” which is defined as an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative; or a fiduciary representing an interested person. MCL § 700.1105(c). Pursuant to MCL § 700.3310, an applicant seeking informal appointment must give notice to each person having a prior or equal right to appointment, using the Notice of Intent to Request Informal Appointment of Personal Representative form (PC 557). Alternatively, each interested party may waive notice by signing a Waiver and Consent form (PC 561).

Persons who are not disqualified have priority for appointment as personal representative in the following order:

1. The person with priority as determined by a probated will including a person nominated by a power conferred in a will
2. The surviving spouse if the spouse is a devisee under the will
3. Other devisees
4. The surviving spouse
5. Other heirs
6. After 42 days after the decedent's death, the nominee of a creditor if the court determines the nominee suitable
7. State or county public administrator. MCL § 700.3203(1).

A person entitled to letters under subsections (b) to (e) may nominate a qualified person to act as personal representative. An individual may also renounce his or her right to nominate or to an appointment by filing a Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice (PC 567). If two or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them or in applying for appointment.

At minimum, the forms and documents which must be filed to commence an informal proceeding include:

• Death Certificate
• Application For Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 558), with a filing fee (refer to Fee Schedule on this page)
• Will and codicil(s), if applicable
• Testimony to Identify Heirs (PC 565)
• Supplemental Testimony to Identify Nonheir Devisees (PC 566), if the decedent left a will and some of the devisees named in the will and codicils are not heirs of the testator
• Register's Statement (PC 568)
• Acceptance of Appointment (PC 571)
• Letters of Authority (PC 572); there is a fee for each certified copy of the Letters (refer to Fee Schedule on this page)

If all of the required forms are in order the Register will sign the Register's Statement, appointing a personal representative, and if applicable, admitting the deceased’s will to probate; the Register will also issue the Letters of Authority. If the Register denies the Application, the Register will state the reason for the denial. Unsupervised administration of the estate will continue until the estate is closed (unless the Judge orders that the estate becomes "supervised").

Resources - Informal Proceedings:

Formal Proceedings

Formal proceedings are commenced by filing a Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 559) with the forms listed below. The Probate Judge may enter the Order of Formal Proceedings (PC 569) after either a hearing with proper notice to all interested persons or upon the waiver and consent of all interested persons. The Order will appoint a personal representative, and may admit a will to probate and/or determine the heirs of the deceased. Unsupervised administration will continue until the estate can be closed.

At minimum, the forms and documents which must be filed to commence a formal proceeding include:

• Death Certificate
• Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 559), with a filing fee (refer to Fee Schedule on this page)
• Will and codicil(s), if applicable
• Testimony to Identify Heirs (PC 565)
• Supplemental Testimony to Identify Nonheir Devisees (PC 566), if the decedent left a will and some of the devisees named in the will and codicils are not heirs of the testator
• Order of Formal Proceedings (PC 569)
• Acceptance of Appointment (PC 571)
• Letters of Authority (PC 572); there is a fee for each certified copy of the Letters (refer to Fee Schedule on this page)

Resources - Formal Proceedings:

Fee Schedule

Deceased Estates - Application/Petition for Probate: $175.00
This filing fee applies to Formal and Informal proceedings.

Certified Copy of Letters of Authority: $12.00
This fee applies to Formal or Informal proceedings.

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