Note: This article explains common Michigan probate filing requirements for applying for appointment as a personal representative (executor/administrator) and taking the required oath. It is educational only and is not legal advice. For case-specific guidance, contact a Michigan probate attorney or the probate court in the county where the decedent lived.
Detailed answer — What documents are typically required to apply for probate appointment and to take the oath in Michigan
When someone dies in Michigan, a person who wants the court to appoint them to manage the decedent’s estate usually must file a probate application (petition) with the local probate court and provide supporting documents. Exact requirements vary by county court and by whether you seek informal appointment (common and faster) or formal appointment (where there may be objections or a will contest). Below is a thorough, practical checklist and explanation of each document you should expect to prepare.
Core filing documents
- Original will (if any). If the decedent left a will, file the original will with the probate court. The court typically requires the original document so it can be filed and recorded with the estate file.
- Death certificate. An official certified copy of the decedent’s death certificate is required to open the estate.
- Application/Petition for Appointment of Personal Representative. This is the document that asks the court to appoint you (or someone else) to administer the estate. Michigan probate courts use SCAO (State Court Administrative Office) forms for common situations; check your local court for the correct form for informal or formal appointment.
- Acceptance of Appointment / Oath. The person appointed must sign an acceptance and take the oath required by law. Courts provide a form where the appointee swears to perform duties faithfully and to follow the law. The signed acceptance and oath are typically filed with the court.
Identity, relationship, and heirship documents
- Photo ID for petitioner/applicant. Courts will usually want proof of identity for the person applying.
- Proof of relationship or heirship. If there is no will, you may need to show the decedent’s marriage certificate, birth certificates (for children), or other records to establish heirs entitled to receive notice and to determine who has priority for appointment (spouse, adult child, etc.).
- List of beneficiaries and heirs with addresses. The court and statutory notice rules require that interested persons be identified and given notice. Provide a typed list of names, addresses, and relationships.
Notice, consent, and waiver documents
- Proof of mailing / Certified mail receipts. Many courts require proof you notified interested persons (heirs and beneficiaries) by mail of the filing and the appointment request. Keep copies of notices and any return receipts.
- Waivers or consents from interested persons (if available). If all interested persons sign waivers or consents to appointment and waive formal notice, it can simplify and speed informal appointment.
- Affidavit of mailing or affidavit of identity of heirs. If your court requires proof that notices were mailed or that you made a diligent search for heirs, file the required affidavit form.
Bond (surety) and related documents
- Bonds or bond waivers. The court will determine whether the personal representative must post a bond (insurance to protect the estate). If the decedent’s will waives bond, the will may include a bond waiver; otherwise the court may require a bond and associated surety documents. If you ask to waive bond, provide the statutory basis or written consent of interested persons if required.
- Surety company letter / bond paperwork. If bond is required, supply the surety company’s bond form and premium payment information as requested by the court.
Order template and proposed orders
- Proposed order appointing personal representative. Many courts ask the applicant to submit a proposed order the judge can sign. SCAO and local courts provide order templates (for informal appointment: order appointing personal representative; for formal proceedings: order after hearing).
Other helpful or court-specific documents
- Inventory or preliminary asset list. While a formal inventory is usually filed after appointment, many courts appreciate a preliminary list of known assets and approximate values.
- Filing fee. Most probate courts charge a fee to open a decedent’s estate and process the appointment. Fee amounts and accepted payment methods vary by county.
- Local court forms. Some counties require additional local forms or an appearance at the clerk’s office to verify identity. Check your county probate court’s website or call the probate clerk.
Informal vs. formal probate — what changes
Informal probate is common when there is an uncontested will and clear heirs. Informal appointment usually requires fewer formalities (you typically submit the original will, death certificate, application for appointment, acceptance and oath, notice to interested persons, and bond documents if required). Formal probate (a hearing, will contest, or disputed heirship) requires more extensive pleadings, service of process, and often a court hearing with testimony and exhibits.
Where to find the forms and legal authority
Official Michigan probate forms (SCAO forms) and local probate court instructions are the best place to start. Use these resources:
- SCAO probate forms and instructions (forms for appointment, acceptance/oath, inventories, waivers, and proposed orders): https://courts.michigan.gov/administration/SCAO/Forms/Pages/Probate-Forms.aspx
- Michigan Courts general website and county court directory (to find the probate court for the county where the decedent lived): https://courts.michigan.gov
- Michigan Estates and Protected Individuals Code (EPIC), which governs probate practice in Michigan: https://www.legislature.mi.gov/ (search “MCL 700” or “Estates and Protected Individuals Code” for specific provisions)
Step-by-step practical checklist to prepare a probate appointment filing
- Obtain several certified copies of the death certificate from the Vital Records office.
- Locate and assemble the original will and any codicils.
- Download the correct SCAO probate application form for informal or formal appointment and complete it carefully.
- Prepare a list of heirs and beneficiaries with current mailing addresses.
- Prepare notices and plan for mailing; collect proof of mailing or return receipts.
- Prepare acceptance-of-appointment and oath form for the proposed personal representative to sign in front of the clerk or notary as required by the court.
- Check whether bond is required and, if so, obtain a surety bond or prepare bond-waiver documentation.
- Assemble a proposed order for the judge to sign and pay the filing fee.
- File all documents with the probate clerk and request a hearing only if formal probate is required or someone objects.
Timing and practical tips
- Start the process promptly. Some banks and institutions will not release assets without proof of appointment (letters of authority).
- Call the local probate clerk before filing. Many clerks will confirm which local forms or steps are required and tell you the current filing fee.
- If a will exists, file the original at the probate court rather than keeping it at home. Probate courts generally want to keep the original will in the court file.
- If you expect objections (disputed will, unknown heirs), consult a probate attorney before filing to avoid procedural mistakes that could complicate matters.
Helpful Hints
- Use the SCAO probate appointment and acceptance/oath forms to reduce errors — many courts will reject non-standard forms.
- Bring several certified death certificates: banks and title companies often ask for one copy each.
- If you are the nominated executor in the will, include the will’s language naming you as the personal representative; that typically speeds informal appointment.
- If all heirs sign waivers and consents, courts often waive bond and speed appointment — getting written consents in advance is practical where possible.
- Keep good records of all mailings and notifications — the probate clerk will ask for proof you notified interested persons.
- When in doubt, call the probate clerk in the county where the decedent lived. Clerks can confirm which forms, fees, and local steps apply.
Final reminder: This article provides general information about common documentary requirements in Michigan probate filings. It does not create an attorney-client relationship and does not constitute legal advice. For help tailored to your situation, speak with a qualified Michigan probate attorney or the probate court clerk in the county where the decedent lived.