Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) is a commonly used form within Michigan. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate):

• This form pertains to the State of Michigan

• The relevant probate statute or Michigan laws related to this form include: MCL 700.1309, MCL 700.3301, MCL 700.3311, MCL 700.3614, MCR 5.302, MCR 5.309

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Michigan’s Form PC 558 - Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Michigan form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Michigan probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PC 558, take a break, and then review. Probate and estate settlement processes in MI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PC 558 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PC 558 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Michigan.

5 reasons you should submit PC 558 as quickly as possible:

1. The sooner you begin, the faster Michigan can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Michigan. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Michigan is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Michigan probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Michigan probate clerk or court for exact answers regarding Form PC 558, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) is one of the many probate court forms available for download through Atticus.

It may also be available through some Michigan probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Michigan.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PC 558 - Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Michigan probate court office.

Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Michigan-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Michigan Form PC 558 - Application For Informal Probate And/or Appointment Of Personal Representative (Testate/intestate). You can use this to get an idea of the context of the form and what type of information is needed.

STATE OF MICHIGAN PROBATE COURT COUNTY APPLICATION FOR INFORMAL PROBATE AND/OR APPOINTMENT OF PERSONAL REPRESENTATIVE (TESTATE/INTESTATE) CASE NO. and JUDGE Court address Court telephone no. In the matter of First, middle, and last name JIS Code: IPA Petitioner’s name, address and telephone no.Petitioner’s attorney, bar no., address, and telephone no. Approved, SCAO Form PC 558, Rev. 5/21 MCL 700.1309, MCL 700.3301, MCL 700.3311, MCL 700.3614, MCR 5.302, MCR 5.309 Page 1 of 3 1. I, Name of applicant , am interested in the estate and make this application as Relationship to decedent, i.e., heir, devisee, child, spouse, creditor, beneficiary, etc. . 2. Decedent information: Date of death Time (if known) Date of birth Last four digits of SSN Domicile (at date of death): City/Township/Village County State 3. A death certificate has been issued, and a copy accompanies this application as a separate document. No death certificate is available. Attached is alternative documentation of the decedent’s death. 4. As far as I know or could ascertain with reasonable diligence, the names and addresses of the spouse, children, devisees, and heirs of the decedent, and other interested persons, the relationship to the decedent, and the ages of any who are minors are: (Required testimony forms are attached.) NAMEADDRESSRELATIONSHIP* AGE (if minor)** Street address CityStateZip Street address CityStateZip Street address CityStateZip Street address CityStateZip *Specify spouse, child, devisee, or heir. **If person is a minor, provide the date of birth on form MC 97a and put the Ref. No. from that form in the box above with the age. Put DOB in Ref. No. row 1 on MC 97. Put last 4 digits of SSN in Ref. No. row 2 on MC 97. XXX-XX- Application for Informal Probate and/or Appointment of Personal Representative (5/21) Page 2 of 3 Case No. 4. (continued) Of the interested persons listed above, the following are under legal disability or otherwise represented and presently have or will require representation: NAMELEGAL DISABILITY REPRESENTED BY Name, address, and capacity 5. a. Venue is proper in this county because the decedent was domiciled in this county on the date of death. b. The decedent was not domiciled in Michigan, but venue is proper in this county because property of the decedent was located in this county at the date of death. 6. a. The decedent died intestate and after exercising reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property located in this state as defined under MCL 700.1301. b. I am aware of an unrevoked testamentary instrument relating to property located in this state as defined under MCL700.1301, but the instrument is not being probated because (if this statement is true, the probate register must deny this application according to MCL 700.3311) : The instrument is attached to this application. is already in the court’s possession. c. The decedent’s will, dated , with codicil(s) dated , is/are offered for probate and is/are attached to this application. is/are already in the court’s possession. d. An authenticated copy of the will and codicil(s), if any, probated in County, State is/are offered for probate, and documents establishing its probate are attached to this application. 7. To the best of my knowledge, I believe that the instrument(s) subject to this application, if any, was/were validly executed and is the decedent’s last will. After exercising reasonable diligence, I am unaware of an instrument revoking the will or codicil(s). 8. A personal representative has been previously appointed in County, State and the appointment has not been terminated. The personal representative’s name and address are: Name Address City State Zip 9. I nominate Name as personal representative, who is qualified and has the following priority for appointment: . His/her address is: Address City State Zip . 10. Other persons have prior or equal right to appointment as personal representative. They are: Name Name Name Name Suitable renunciations, nominations, and/or a Notice of Intent to Seek Informal Appointment and proof of its service have been or will be filed. Application for Informal Probate and/or Appointment of Personal Representative (5/21) Page 3 of 3 Case No. 11. The will expressly requests that the personal representative serve with bond. 12. A special personal representative is necessary because . I REQUEST: 13. Informal probate of the will. 14. Informal appointment of the nominated personal representative with without bond. 15. The appointment of a special personal representative pending the appointment of the nominated personal representative. I declare under the penalties of perjury that this application has been examined by me and that its contents are true to the best of my information, knowledge, and belief. Date Applicant signature Date Attorney signature