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Disclaimer: This article is for educational purposes only and is not legal advice. Always consult a licensed attorney for guidance.

Detailed Answer

If you open a probate estate in Michigan and no hearing date is set by the court, you must actively request one. Follow these steps:

1. Identify the Proper Jurisdiction

File your request with the probate court in the county where the decedent lived at death. Each county court handles its own schedule.

2. Check Applicable Rules and Statutes

• Michigan Court Rule 5.101(a) explains how to initiate probate proceedings: MCR 5.101.
• Michigan Compiled Law §700.3201 allows the personal representative to petition for directions: MCL 700.3201.

3. Prepare a Petition or Motion for Hearing

Draft a one- to two-page petition titled “Request for Hearing on [Subject Matter].” Include:

• Case name and docket number.
• Specific relief requested (e.g., approval of an account, sale of property).
• Reason no hearing is scheduled and why the court’s action is needed.

4. Serve Notice to Interested Parties

Give notice in accord with Michigan Court Rule 5.120 and MCL 700.1306. File proof of service with the court before the scheduled hearing.

• MCR 5.120
• MCL 700.1306

5. Submit Proposed Order and Pay Filing Fee

Include a proposed order setting the hearing date, time and location. Check the local fee schedule; probate fees vary by county.

6. Follow Up with the Clerk’s Office

After filing, call or visit the probate clerk’s office to confirm that your petition is on the calendar. If no date issues within 21 days, send a formal inquiry or motion under MCL 700.3206:

MCL 700.3206 – Motion for hearing where court has failed to act.

Helpful Hints

• Review local probate court procedures online before filing.
• Use clear headings in your petition to speed clerk review.
• Attach a proposed order to avoid drafting delays by court staff.
• Keep copies of all filings and proof of service for your records.
• Contact the clerk’s office early to learn preferred filing formats.
• Consider hiring a probate attorney if your matter involves complex assets.