Formal Estates
Administration of an estate in a traditional Probate proceeding (formal,) may be court supervised or unsupervised. Proceedings to commence an unsupervised administration may be formal or informal. Formal proceedings are proceedings with notice to interested persons and are conducted before a judge and not a register as is the case in informal proceedings. Formal testacy proceedings determine whether a decedent left a valid will. If an administration is commenced with informal proceedings, it is possible to have a formal proceeding to determine a matter at any time. Formal proceedings offer final adjudication on the issues.
If an estate is supervised, the complete administration and settlement of a decedent’s estate is under the court’s continuing authority. This authority extends until the entry of an order approving estate distribution and discharge of the personal representative or other order terminating the proceeding.
How to Start a Formal Probate Estate
Original Documents to be Filed:
- The Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 559) and (MC 97)
*NOTE: File in the Probate Court in the county where the deceased individual resided - Testimony, Interested Persons (PC 565)
- Original Will, if testate
- Acceptance of Appointment (PC 571) and (MC 97a)
- $175 filing fee made payable to the Livingston County Probate Court
Other Documents to be Filed:
There are numerous documents which are required to be filed within the Court file in a Formal Estate. These documents are:
- Proof of Service (PC 564) for Notice of Appointment and Duties of Personal Representative (PC 573)
- Proof of Service (PC 564) for Notice Regarding Attorney Fees (PC 576), if an attorney is assisting in probating the estate
- Inventory (PC 577). The original does not have to be filed, but must be reviewed by the Probate Register to determine any inventory fee required
- Affidavit of Publication
- Sworn Statement to Close Unsupervised Administration (PC 591)