How to File Probate Court Documents and Publish Creditor Notices in Michigan

Disclaimer: This article provides general information about Michigan probate procedures. It does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.

Detailed Answer

1. File the Petition for Probate

You begin by filing a petition for informal probate with the register of probate in the county where the decedent lived. Use Michigan Supreme Court Form PC 561 (Petition for Probate). You must attach a certified copy of the decedent’s death certificate and proposed personal representative details. Pay the court filing fee when you submit the petition.

2. Appointment of Personal Representative

Once the court accepts your petition, it will appoint a personal representative informally, unless a will contest requires a formal hearing. The clerk issues Letters of Authority under MCL 700.3402, allowing the representative to manage estate assets.

3. Prepare and File the Inventory

Within 91 days after appointment, the personal representative must file an inventory of the estate’s assets using Form PC 569. This inventory must list all real and personal property owned by the decedent at death. See MCL 700.3401 for statutory requirements. Link: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-700.3401

4. Provide Notice to Creditors by Mail

Under MCL 700.3801, the personal representative must mail notice to all known or reasonably ascertainable creditors within 10 weeks of appointment. Use Form PC 523. The notice must include the decedent’s name, the estate file number, and a deadline (4 months after initial publication or 30 days after actual notice) for filing creditor claims. Link: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-700.3801

5. Publish the Creditor Notice

In addition to mailed notice, Michigan law requires publication in a newspaper of general circulation in the county where the estate is probated. Follow MCL 700.3803: publish once a week for three successive weeks. The first publication must occur within one week of personal representative appointment. Link: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectname=mcl-700.3803

6. Track Claim Deadlines and File Proofs of Claim

Creditors have up to 4 months after first publication (or 30 days from mailed notice, whichever is later) to file proofs of claim with the court. The personal representative reviews claims and determines allowance or rejection under MCL 700.3805.

Helpful Hints

• Keep organized copies of every court filing and proof of service.
• Confirm local newspaper deadlines for legal notices to meet publication requirements.
• Use official Michigan Supreme Court probate forms to avoid delays.
• Note all creditor claim deadlines on your calendar to prevent missed claims.
• Consider consulting probate self-help resources at your county court’s website.