Petition for Probate and Appointment of Personal Representative

Darren Findling of The Probate Pro discusses the commencement of a deceased probate estate with a Petition for Probate and Appointment of Personal Representative.
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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
The petition for probate. Hi I’m Darren Findling of The Probate Pro and we're going to examine SCAO Form PC559, the Petition for Probate to commence an estate and appoint a personal representative scale for state court administrative office pc for probate court 559 is the form number you're welcome to contact our office we'd be happy to provide one to you free of charge now the petition for probate is the form used when opening an estate formally when somebody has died to begin the probate estate administration process with all of the state court administrative order forms or state court administrative office forms the statutes and court rules that give rise to the document are reflected at the bottom right corner of the form you can see here from the floating arrow there's quite a few statutes and court rules with these court rules and statutes there's a lot going on here a lot of information we're going to cover some of the basics here but to really understand how to navigate through the probate process to understand how to navigate through this particular petition and whether this petition is even the right petition for your particular set of circumstances please consult with an experienced competent well-versed probate practitioner who understands this area and knows how to navigate through these forms it's not intuitive it's not easy or obvious and when you go to court to file these the court doesn't help you or assist you in the completion of the forms so again this is step one of a multi-month process it's complicated not simple to do and we strongly urge you to work with a skilled competent probate lawyer let's work our way through the document and understand how this document works again top left corner identifying the county in which the decedent was domiciled and if the decedent was domiciled out of the state of Michigan but it has assets in the state of Michigan which gives warrant to the opportunity to commence in the state of Michigan you'd identify that county there so again top left corner of the county in which the probate will be in the middle section with the red rectangle you're identifying whether the estate is test date with a will or intestate without a will again language that just isn't intuitive to most people test date with a will intestate without a will the file number is left blank because the court is going to assign the file number when you file this and pay the requisite filing fee a file number or case number will get aside as we work our way through this at the top you're going to identify the name of the decedent typically this name will mirror what is reflected on the death certificate but sometimes we use also known as for example if the person had different names that they were known as you may want to include both of them here at the top line the first is the identification of who the petitioner is and under Michigan statutes there are people that are interested and have the right or standing to file a petition for probate to begin the probate process i for example couldn't open up a probate estate of somebody that i have no connection or relationship under the statutes or court rules so the statutes and court rules define that you have to be interested in the estate to make the petition and there are various statutes and court rules that dictate whether you have an interest to be able to commence the probate estate again the next section simply identifies what is your relationship to the decedent maybe you're the surviving spouse maybe you're nominated in the will as the personal representative but again that standing to be able to be the petitioner is defined under mcl 700.1105 c as well as other court rules so again understanding the standing and your right to file is really critical the next section is some basic information the decedent state of death time of