Detailed Answer
Under Michigan law, an interested person may secure estate records via a court-ordered subpoena duces tecum. Follow these steps to request and use such a subpoena in probate proceedings.
1. Confirm Your Standing
Only “interested persons” may seek probate records. An interested person includes heirs, beneficiaries or creditors. Most probate records are public under MCL 600.2552 and MCL 700.3703. However, some documents remain confidential without a court order.
2. Choose the Proper Rule
Michigan Court Rule MCR 2.506 governs subpoenas in civil and probate matters. For taking testimony and documentary evidence in probate, see MCR 5.310.
3. Prepare a Praecipe or Motion
In many counties, you file a praecipe with the probate court clerk asking issuance of a subpoena duces tecum. Some courts require a formal motion. Include:
- The case name and number.
- Your status as an interested person.
- A clear description of records to be produced.
- Date, time and place for production or deposition.
4. Obtain Clerk’s Signature and Seal
After filing, the clerk will issue the subpoena. Ensure it bears the court’s seal and judge’s or clerk’s signature. This validates the document.
5. Serve the Subpoena
Serve the subpoena on the custodian of records per MCR 2.506. You may use personal delivery or certified mail. Keep proof of service.
6. Receive and Review Records
The custodian must produce records at the designated time and place. Review them promptly. If the custodian objects or refuses, you can file a motion to compel under MCR 2.313.
7. Use Records in Court
Admit the produced records as exhibits in hearings or depositions. Follow MCR 2.311 on form and procedure for documentary evidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Check your local probate court’s website for specific forms and fees.
- Describe documents precisely to avoid objections.
- Save copies of all filed papers and proof of service.
- Schedule production at a convenient place, such as a clerk’s conference room.
- Bring a witness when you attend the production to verify compliance.
- Consider informal requests to the personal representative before seeking a subpoena.