Frequently Asked Questions: Estates

A bond provides insurance for the estate in the event assets are intentionally or negligently mishandled causing the estate assets to be depleted.

To obtain a corporate bond, check with a major insurance company.

A person who is 18 years of age or older can be a surety, except the attorney for a client.

A petitioner would file a decedent's estate in the county in which the decedent was domiciled (generally, meaning where the decedent lived) at the time of death. If the decedent was domiciled outside of Michigan, but had property in Michigan, the petitioner may file an estate in the county where decedents property was located at the time of death.

First you need to determine if the relative had any assets held solely in his/her name. If so, probate proceedings will be necessary. The value of any assets will determine the manner in which you will proceed.

The current term for an executor is a personal representative. A will only nominates a personal representative. The personal representative does not have the power to act on behalf of the estate until the probate court grants power. Therefore, proceedings must be commenced in probate court. Also, upon death, whoever has the original will must deposit it with the court.

Deceased estate administration is required when the decedent left assets titled solely in his/her name.

Any assets that are held solely in the decedent's name must be probated.

If the box was in the decedent's name only, you must request permission from the probate court by filling out form PC 551. The safe deposit box must be located in Oakland County and you must know the box number and have the key. This will enable you to view the contents to determine if there is a will or burial deed. To remove the contents you will need to consult a representative of the financial institution where the box is located.

Creditors have the right to file a claim against the estate for a limited period of time (within four months of publication). A personal representative must notify all known creditors of the death and publish for any unknown creditors.

The court cannot force you to accept a fiduciary appointment. If you are nominated to serve as personal representative of an estate or in another fiduciary capacity, you may decline so that another individual may be appointed. If no individual wishes to serve as fiduciary, the court may appoint a public administrator to serve.

Yes, a fiduciary may sell real estate. However, depending upon the type of estate, you may be required to obtain a court order before you can proceed.

If you were appointed personal representative of an unsupervised estate that was started informally, all you need are your letters of authority to proceed with a real estate sale. However, if you are a fiduciary of an estate started formally or a conservatorship (adult or minor), you must obtain a court order before selling the real estate.

Yes.  A first extension of 28 days is automatically granted by the Probate Court.  To obtain a second extension of 28 days, you must file a Request for Extension of Time for Compliance with MCR 5.203(C) (PEMH 1063).  The request for a second extension may not be filed until 56 days after the date of the Notice of Deficiency. 

A fiduciary may be removed by a judge at a court hearing. Any interested person may petition the court to modify or terminate the fiduciary's appointment.

The petitioner must attend the hearing. All interested persons must be notified; however, they are not required to attend.

To update your Letters of Authority you must file any required annual reports or accounts.  Once filed and accepted by the probate court, the Letters of Authority will be available through Court Explorer.  Please allow 24 hours to process.

You may obtain a copy of your Letters of Authority through Court Explorer at any time for a $12 fee as long as you are current on required filings.

If you move out of state, you may still serve as fiduciary, but you must notify the court of your new address and telephone number.

Fiduciaries may be dismissed when they have failed to complete all that is required by the court. After a dismissal, a fiduciary may be reinstated if he/she complies with the court. Proceedings may also be dismissed. For example, a petition may be dismissed if the petitioner fails to appear at the hearing or fails to serve interested persons.

Fiduciaries will be discharged when they have complied with all of the court requirements. After a fiduciary is discharged, the file may be closed or another fiduciary may be appointed to act as successor fiduciary.

If a person is entitled to VA benefits, the VA must be included on the petition for guardianship or conservatorship and must be served as an interested person.

Generally, the petitioner or attorney for the petitioner will do service.

You must serve notice by publication indicating whereabouts unknown.  You will need to fill out Publication of Notice of Hearing (PC 563) and contact a legal newspaper to publish the notice.

Files are administratively closed when the fiduciary does not file the appropriate paperwork after being given notice and sufficient time to correct the deficiency.

For decedent estates, an interested person may file the Application or Petition to Reopen Estate - Form PC 607 and pay the filing fee.  You may need additional documents depending on if you are checking the Application or Petition box at the top of the form.  For all other files, you must re-start the matter with another initial petition and filing fee.

An inventory contains all of the estate's assets and liabilities valued at the date of death (for estates) or date of qualification of the conservator (for conservatorships). The gross estate fee, for a deceased estate, will be calculated from the inventory form.

The fee amount may be obtained through the website under Online Services - Inventory Fee Calculator.

The filing of an inventory is only required for supervised estates or conservatorships. It must be shown to the court on unsupervised estates, but it does not need to be filed. However the court will accept the Inventory for filing on unsupervised estates, if the personal representative requests.