Michigan Laws 700.3301 – Informal probate or appointment proceedings; application; contents
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(1) An application for informal probate or informal appointment shall be made by an interested person and directed to the register. If an application is not filed within 28 days after the decedent‘s death, a person that has a right or cause of action that cannot be enforced without administration or appointment may file an application. An applicant shall swear that the application is accurate and complete to the best of the applicant’s knowledge and belief as to all of the following information:
(a) In an application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, all of the following:
Terms Used In Michigan Laws 700.3301
- Application: means a written request to the probate register for an order of informal probate or informal appointment under part 3 of article III. See Michigan Laws 700.1103
- Court: means the probate court or, when applicable, the family division of circuit court. See Michigan Laws 700.1103
- Decedent: A deceased person.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. See Michigan Laws 700.1104
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Michigan Laws 700.1106
- Personal representative: includes , but is not limited to, an executor, administrator, successor personal representative, and special personal representative, and any other person, other than a trustee of a trust subject to article VII, who performs substantially the same function under the law governing that person's status. See Michigan Laws 700.1106
- Petition: means a written request to the court for an order after notice. See Michigan Laws 700.1106
- Probate: Proving a will
- Proceeding: includes an application and a petition, and may be an action at law or a suit in equity. See Michigan Laws 700.1106
- Property: means anything that may be the subject of ownership, and includes both real and personal property or an interest in real or personal property. See Michigan Laws 700.1106
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 700.1107
- Successor: means a person, other than a creditor, who is entitled to property of a decedent under the decedent's will or this act. See Michigan Laws 700.1107
- Venue: The geographical location in which a case is tried.
(i) A statement of the applicant’s interest.
(ii) The decedent’s name, date of death, and age; the decedent’s county and state of domicile at the time of death; and the names and addresses of the spouse, children, devisees, and heirs with the ages of those who are minors so far as known or ascertainable with reasonable diligence by the applicant.
(iii) If the decedent was not domiciled in the state at the time of the decedent’s death, a statement showing venue.
(iv) A statement identifying and indicating the address of a personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated.
(b) In an application for informal probate of a will, in addition to the statements and information required by subdivision (a), all of the following:
(i) That the original of the decedent’s last will is in the court‘s possession or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application.
(ii) That, to the best of the applicant’s knowledge, the will was validly executed.
(iii) That, after the exercise of reasonable diligence, the applicant is unaware of an instrument revoking the will and that the applicant believes that the instrument that is the subject of the application is the decedent’s last will.
(c) In an application for informal appointment of a personal representative to administer an estate under a will, all of the following:
(i) A description of the will by date of execution.
(ii) The time and place of probate or of the pending application for probate.
(iii) A statement adopting the statements in the application or petition for probate.
(iv) The name, address, and priority for appointment of the person whose appointment is sought.
(d) In an application for informal appointment of a personal representative in intestacy, in addition to the statements and information required by subdivision (a), all of the following:
(i) That, after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property located in this state under section 1301, or a statement why such an instrument of which the applicant is aware is not being probated.
(ii) The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 3203.
(e) In an application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status, all of the following:
(i) A reference to the order in the most recent testacy proceeding.
(ii) The name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted.
(iii) A description of the applicant’s priority.
(f) In an application for appointment of a personal representative to succeed a personal representative who tenders a resignation as provided in section 3610 or whose appointment is terminated by death or removal, all of the following:
(i) A statement adopting the statements in the application or petition that led to the appointment of the person being succeeded, except as specifically changed or corrected.
(ii) The name and address of the person who seeks appointment as successor.
(iii) A description of the applicant’s priority.
(2) By swearing to an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application or for perjury that may be instituted against the applicant.