Livingston County will be closed on Monday, May 27th in honor of Memorial Day.

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)

Notice to Creditors:

The Notice to Creditors form (PC 574) must be completed and mailed to the local newspaper, along with the required publication fee. The Personal Representative shall publish notice in a local newspaper notifying creditors of the estate to present their claims within four months after the date of publication of the notice, or be forever barred. The earliest an estate can be closed is five months from the date of commencement, provided the claims period of four months has elapsed.
 
To publish your information with the Livingston Daily, you may email your form to lcp-legals@gannett.com or call (888) 516-9220.
Probate Court
Livingston County Official Logo
Q

Phone

(517) 546-3750

Hours

Monday – Friday
8:00 a.m. – 5:00 p.m.
Closed County Holidays

Judicial Center

204 S. Highlander Way
Suite 2
Howell, MI 48843

Fax

(517) 552-2510