Estates

Michigan

SMALL ESTATE

ASSIGNMENT OF PROPERTY

PLEASE NOTE THAT THE COURT IS NOT ALLOWED TO GIVE LEGAL ADVICE. IF YOU NEED ASSISTANCE, PLEASE CONSULT AN ATTORNEY.

Forms:

___Petition for Assignment (PC 556)

___ Protected Personal Identifying Information (MC 97)

___ Testimony to Identify Heirs (PC 565)

___ Proposed Order for Assignment (PC 556)

Additional Documents & fees required to file a Small Estate

___ A copy of the Death Certificate

___ A copy of the paid funeral/burial expenses receipt

___ The original Last Will & Testament and any Codicils (if applicable)

___ $25.00 filing fee according to the Probate Court Fee Schedule

___ $12.00 certified copy fee

___ An Inventory fee based on the value of the estate. (Calculate Here)

Michigan Law MCL 700.3982 allows a small estate to be probated using an expedited process.

INFORMAL PROBATE

THESE ARE THE BASIC FORMS FOR COMMENCEMENT PROBATING AN INFORMAL ESTATE. YOU MAY NOT NEED EVERY FORM ENCLOSED OR YOU MAY NEED ADDITIONAL FORMS DEPENDING ON THE CIRCUMSTANCES INVOLVED IN THE ESTATE.

FEES

· THE INITIAL FILING FEE OF $175.00 IS DUE AT THE TIME OF FILING BASED UPON THE PROBATE COURT FEE SCHEDULE.

· AN INVENTORY FEE, BASED ON THE ASSETS OF THE ESTATE, MUST BE PAID TO THE COURT PRIOR TO DISTRIBUTION AND CLOSING OF THE ESTATE.

· CERTIFIED LETTERS OF AUTHORITY ARE $12.00 EACH ACCORDING TO THE PROBATE COURT FEE SCHEDULE.

· COPIES OF THE REGISTER’S STATEMENT ARE $1.00 EACH ACCORDING TO THE PROBATE COURT FEE SCHEDULE

· THERE MAY ALSO BE ESTATE OR OTHER TAXES DUE TO THE STATE OF MICHIGAN OR TO THE IRS, WHICH ARE NOT HANDLED THROUGH THIS OFFICE.

PLEASE NOTE THE COURT IS NOT ALLOWED TO GIVE LEGAL ADVICE OR HELP YOU FILL OUT THESE FORMS. IF YOU NEED ASSISTANCE, PLEASE CONSULT AN ATTORNEY.

STANDARD FORMS FOR COMMENCEMENT OF INFORMAL PROBATE

· Application for Informal Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 558)

· Protected Personal Identifying Information (MC 97)

· Testimony to Identify Heirs (PC 565)

· Supplemental Testimony to Identify Nonheir Devisees, Testate Estate (PC 566)

· Notice of Intent to Request Informal Appointment of Personal Representative (PC 557)

· Proof of Service (PC 564)

· Renunciation of Right to Appointment, Nomination of Personal Representative and Waiver of Notice (PC 567)

· Acceptance of Appointment (PC 571)

· Addendum to Protected Personal Identifying Information (MC 97a)

· Register’s Statement (PC 568)

· Letters of Authority for Personal Representative (PC 572)

· Inventory (PC 577)

EPIC FORMS

These forms and additional SCAO approved forms are available and can be viewed, printed, and completed at www.michiganlegalhelp.org

ADDITIONAL DOCUMENTS REQUIRED AT FILIING

· The original Last Will & Testament and any Codicils (if applicable)

· Death Certificate

FORMAL PROBATE

ENCLOSED ARE THE BASIC FORMS FOR COMMENCEMENT PROBATING A FORMAL ESTATE. YOU MAY NOT NEED EVERY FORM ENCLOSED OR YOU MAY NEED ADDITIONAL FORMS DEPENDING ON THE CIRCUMSTANCES INVOLVED IN THE ESTAT

FEES

· THE INITIAL FILING FEE OF $175.00 IS DUE AT THE TIME OF FILING BASED UPON THE PROBATE COURT FEE SCHEDULE.

· AN INVENTORY FEE, BASED ON THE ASSETS OF THE ESTATE, MUST BE PAID TO THE COURT PRIOR TO DISTRIBUTION AND CLOSING OF THE ESTATE.

· CERTIFIED LETTERS OF AUTHORITY ARE $12.00 EACH ACCORDING TO THE PROBATE COURT FEE SCHEDULE.

· COPIES OF THE REGISTER’S STATEMENT ARE $1.00 EACH ACCORDING TO THE PROBATE COURT FEE SCHEDULE

· THERE MAY ALSO BE ESTATE OR OTHER TAXES DUE TO THE STATE OF MICHIGAN OR TO THE IRS, WHICH ARE NOT HANDLED THROUGH THIS OFFICE.

PLEASE NOTE THE COURT IS NOT ALLOWED TO GIVE LEGAL ADVICE OR HELP YOU FILL OUT THESE FORMS. IF YOU NEED ASSISTANCE, PLEASE CONSULT AN ATTORNEY.

STANDARD FORMS FOR COMMENCEMENT OF FORMAL PROBATE

· Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 559)

· Protected Personal Identifying Information (MC 97)

· Testimony to Identify Heirs (PC 565)

· Supplemental Testimony to Identify Nonheir Devisees, Testate Estate (PC 566)

· Order of Formal Proceedings (PC 569)

· Acceptance of Appointment (PC 571)

· Addendum to Protected Personal Identifying Information (MC 97a)

· Letters of Authority for Personal Representative (PC 572)

EPIC FORMS

These forms and additional SCAO approved forms are available and can be viewed, printed, and completed at www.michiganlegalhelp.org

ADDITIONAL DOCUMENTS REQUIRED AT FILIING

· The original Last Will & Testament and any Codicils (if applicable)

· Death Certificate

OTHER RESOURCES

AFFIDAVIT
INVENTORY FEE CALCULATOR
-The probate court is required by MCL 600.871(1) to charge and collect an inventory fee as an expense of administration on the value of all assets in a decedent’s estate. This fee must be paid before closing the estate or within one year after filing the proceeding to probate the estate.
Probate Court Fee and Distribution Schedule