Letters Of Guardianship

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.

Letters Of Guardianship 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 Letters Of Guardianship

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Letters Of Guardianship:

• This form pertains to the State of Michigan

• The relevant probate statute or Michigan laws related to this form include: MCL 330.1631, MCL 700.5103, MCL 700.5214, MCL 700.5215(f), (g), MCL 700.5314(a), (e), MCL 700.5417, MCR 5.202, MCR 5.402(D), MCR 5.405(C), MCR 5.406(A), MCR 5.409

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 633 - Letters Of Guardianship 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 633, 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 633 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 633 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 Letters Of Guardianship 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Michigan Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

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 633 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 633, and when in doubt— consult a qualified trust & estates lawyer for that area.

Letters Of Guardianship 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 633 - Letters Of Guardianship 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.

Letters Of Guardianship 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 633 - Letters Of Guardianship. You can use this to get an idea of the context of the form and what type of information is needed.

Date Deputy probate register/clerk Name and address TO: PC 633 (9/12) LETTERS OF GUARDIANSHIP In the matter of Do not write below this line - For court use only JIS CODE: LOG FILE NO. LETTERS OF GUARDIANSHIP STATE OF MICHIGAN PROBATE COURT COUNTY OF 1. You have been appointed by will or other witnessed writingby the courtas guardian of the individual named above. 2. Having filed an acceptance of appointment, you have the care, custody, and control of that individual: a. together with all authority and responsibilities granted and imposed by law. b. except as follows: c. as to the following powers and responsibilities only: 3. These letters of guardianship expire on. SEE NOTICE OF DUTIES ON SECOND PAGE Type of guardian (full, limited, temporary, etc.) MCL 330.1631, MCL 700.5103, MCL 700.5214, MCL 700.5215(f), (g), MCL 700.5314(a), (e), MCL 700.5417, MCR 5.202, MCR 5.402(D), MCR 5.405(C), MCR 5.406(A), MCR 5.409 I certify that I have compared this copy with the original on file and that it is a correct copy of the whole of such original, and on this date, these letters are in full force and effect. City, state, zip Address Attorney name (type or print) Bar no. Bar no. JudgeDate Telephone no. Date Guardian's telephone no. USE NOTE: If this form is being filed in the circuit court family division, please enter the court name and county in the upper left-hand corner of the form. Approved, SCAO NOTICE OF DUTY TO VISIT You are required by law to visit the individual for whom you are guardian at least once every three months. NOTICE OF REPORTING DUTIES You are required by law to file with this court a written report on the indicated form(s) and at the indicated times. Forms are available at the court. CHANGE IN PLACE OF RESIDENCE: You are required to promptly inform the court of any change in the ward's residence within 14 days of the change. You are also required to keep the court and interested persons informed in writing within 7 days of any change in your address. ANNUAL REPORT: Your annual report on condition of ward is due onof each year. In addition, you must serve the report on the ward and interested persons as specified in the Michigan Court Rules and file proof of service with the court. ACCOUNTS: You must file with this court once a year, either on the anniversary date of your letters of authority or on another date you choose (you must notify the court of this date) or more often if the court directs, a complete itemized accounting of your administration of the estate. On termination of the individual's disability, you shall account to the court or to the individual or that individual's successors. The accounts must be served on the required persons at the same time they are filed with the court, along with proof of service. ONGOING DUTY TO REPORT: Pursuant to MCL 700.5319(2), if a conservator has not been appointed for the ward's estate and you determine that there is more cash or property that is readily convertible into cash in the ward's estate than was estimated by the guardian ad litem and reported to the court, you must report the amount of the additional cash or property to the court. DEATH OF WARD: If the ward dies during the guardianship, you must give written notification to the court within 14 days of the individual's date of death. If accounts are required to be filed with the court, a final account must be filed within 56 days of the date of death. DELEGATION OF DUTIES: You are required by law to notify the court when you delegate duties under a durable power of attorney. ATTENTION: The above provisions are reporting duties only and are not the only duties required of you. These mandatory provisions are specified in court rules adopted by the Michigan Supreme Court. Your failure to comply may require the court to appoint a special fiduciary in your place and to suspend your powers. This may result in your removal as fiduciary. The court is prohibited by statute from giving you legal advice. KEEP THIS NOTICE FOR FUTURE REFERENCE (Use form PC 634 or PC 654.) Date (Use form PC 583 or PC 584: Account.)