Petition for Probate of Will and Appointment of Personal Representative (Michigan)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Michigan requires the use of the SCAO-approved probate form
PC 559 — Petition for Probate and/or Appointment of Personal Representative
(Testate/Intestate) to commence formal proceedings. (Informal proceedings use
PC 558, an Application for Informal Probate.) This template supplies the substantive
legal content under the Estates and Protected Individuals Code (EPIC) to help you prepare
— you must transfer your content onto the official form before filing. SCAO forms are
available at https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc559.pdf.
Do not file this document directly with the Probate Court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF MICHIGAN — PROBATE COURT — COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Venue
5. The Will Offered for Probate
6. Devisees and Beneficiaries Under the Will
7. Heirs and Other Interested Persons Entitled to Notice
8. Nomination and Priority of Personal Representative
9. Bond
10. Prayer for Relief
11. Verification
12. Notice of Hearing / Proof of Service
13. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF:

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Decedent.

File No.: [____________________________________] Judge: [____________]

Hearing Date: [__/__/____] Time: [____]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Michigan [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: ☐ Heir ☐ Devisee ☐ Personal representative nominated in the will ☐ Creditor ☐ Other: [____________]
Relationship to Decedent: [RELATIONSHIP]

Petitioner is an "interested person" within the meaning of MCL 700.1105(c) and makes this Petition as [heir / devisee / nominated personal representative / other: ____________].

3. DECEDENT INFORMATION

4. BASIS FOR VENUE

a. Venue is proper in this county under MCL 700.3201 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 here because property of the Decedent was located in this county at the date of death (MCL 700.3201(1)(b)).

c. The Decedent died on [__/__/____], leaving a will; the Decedent died testate.

d. ☐ A death certificate has been issued and a copy accompanies this Petition. ☐ No death certificate is available; alternative documentation is attached.

e. ☐ No personal representative has been previously appointed in this or any other jurisdiction, except as follows: [________________________________________________].

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for probate the Decedent's will dated [__/__/____], together with the following codicil(s): [LIST CODICIL DATES, OR "NONE"]. The original ☐ accompanies this Petition ☐ is already in the Court's possession.

b. To the best of Petitioner's knowledge, the instrument(s) offered were validly executed, constitute the Decedent's last will, and, after exercising reasonable diligence, Petitioner is unaware of any instrument revoking the will or codicil(s) or of any later will.

c. Self-Proving Status (MCL 700.2504):
☐ The will is self-proved under MCL 700.2504. Under MCL 700.3406(2), compliance with signature requirements is conclusively presumed, and other execution requirements are presumed subject to rebuttal without witness testimony, unless fraud or forgery affected the acknowledgment or statement.
☐ The will is not self-proved; if execution evidence is necessary in a contested case, MCL 700.3406 requires testimony from at least one attesting witness who is within Michigan, competent, and able to testify, while permitting other evidence to prove due execution.

d. Attesting Witnesses:

6. DEVISEES AND BENEFICIARIES UNDER THE WILL

The devisees named in the will (persons designated to receive property), who are interested persons in a probate-of-will proceeding under MCR 5.125(C)(1):

7. HEIRS AND OTHER INTERESTED PERSONS ENTITLED TO NOTICE

The spouse, children, and other heirs of the Decedent (persons entitled under the statute of intestate succession), who are interested persons entitled to notice:

Other interested persons entitled to notice under MCL 700.3403 and MCR 5.125(C)(1), if applicable:

8. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. Petitioner has priority for appointment under MCL 700.3203(1)(a) as the person with priority determined by the probated will, including a person nominated by a power conferred in the will.

b. The statutory order of priority (MCL 700.3203(1)) is: (a) the person with priority under a probated will, including a person nominated by a power in a will; (b) the surviving spouse if the spouse is a devisee; (c) other devisees; (d) the surviving spouse; (e) other heirs; (f) after 42 days after death, the nominee of a creditor found suitable by the court; and (g) after 63 days after death, or if the court finds exigent circumstances, the state or county public administrator when one of the statutory conditions in MCL 700.3203(1)(g) applies.

c. ☐ Other persons with priority under MCL 700.3203(1)(b) through (e) have a prior or equal right to appointment; suitable renunciations and/or nominations (PC 567) have been or will be filed under MCL 700.3203(3). A person whose priority is determined by the probated will does not gain a nomination power merely from that priority.

d. Petitioner is qualified, is not disqualified, and accepts the duties of personal representative.

9. BOND

Under MCL 700.3603, the bond rules differ between informal and formal proceedings. In a formal proceeding, the court may order bond when appointing the personal representative. If the will relieves the personal representative of bond, the court may order bond only if an interested person requests it and the court finds bond desirable. If the will requires bond, the court may dispense with bond if it determines bond is unnecessary.

Under MCL 700.3605, a person whose apparent estate interest, or a creditor whose claim, exceeds the statutory dollar amount may file a written demand for bond. MCL 700.3605 states a $30,000 base amount and requires adjustment under MCL 700.1210; confirm the adjusted amount applicable to the year of the Decedent's death before relying on this procedure.

☐ The will relieves the personal representative of bond, no interested person has requested bond, and Petitioner requests appointment without bond.
☐ The will requires bond; Petitioner will file bond (PC 570) in the amount of $[________________], unless the court determines bond is unnecessary.
☐ A qualifying written demand for bond has been filed under MCL 700.3605; Petitioner will file bond in the amount of $[________________], unless the requirement is excused under MCL 700.3603 or 700.3604.
☐ The will neither requires nor relieves the personal representative of bond; Petitioner requests ☐ appointment without bond ☐ bond as ordered by the court.

10. PRAYER FOR RELIEF

Petitioner REQUESTS that the Court:

a. Set this Petition for hearing and order notice to interested persons under MCL 700.3403;

b. Admit the Decedent's will (and codicil(s)) dated [__/__/____] to formal probate and adjudicate the Decedent's testacy;

c. Determine the Decedent's heirs;

d. Appoint Petitioner as Personal Representative of the Decedent's estate;

e. Issue Letters of Authority for Personal Representative (Letters Testamentary) to Petitioner;

f. ☐ Order ☐ waive bond as set forth above;

g. Grant such other relief as the Court considers proper.

11. VERIFICATION

I declare under the penalties of perjury that this Petition has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Date: [__/__/____]

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
Michigan Bar No.: [________________]
Address: [________________________________]
Telephone: [________________________________]

12. NOTICE OF HEARING / PROOF OF SERVICE

Notice (MCL 700.3403; MCR 5.107, 5.108): A hearing on the Petition is required. The petitioner must serve the Notice of Hearing (PC 562) and copies of the Petition, the will, and the completed testimony form(s) on the interested persons. Personal service must be made at least 7 days before the hearing, service by mail must be made at least 14 days before the hearing, and electronic service under MCR 1.109(G)(6)(a) must be made at least 7 days before the hearing. Proof that notice was given must be filed at or before the hearing; use Proof of Service (PC 564).

☐ Notice of Hearing (PC 562) served on all interested persons by personal service (≥7 days) or mail (≥14 days).
☐ Notice published for unknown heirs/devisees or persons whose whereabouts are unknown, if applicable.
☐ Proof of Service (PC 564) filed.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

13. ATTACHMENTS CHECKLIST

☐ Form PC 559 — Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate)
☐ Original will (and original codicil(s))
☐ Two copies of the Death Certificate or alternative death documentation (one redacted and one unredacted, under MCR 5.302(A)(1))
☐ Self-Proving / proof-of-execution materials (MCL 700.2504)
☐ Testimony to Identify Heirs (PC 565)
☐ Supplemental Testimony to Identify Nonheir Devisees (PC 566), if applicable
☐ Protected Personal Identifying Information (MC 97) and Addendum (MC 97a)
☐ Notice of Hearing (PC 562) and Proof of Service (PC 564)
☐ Acceptance of Appointment (PC 571)
☐ Bond of Fiduciary (PC 570), if required
☐ Order of Formal Proceedings (PC 569)
☐ Proposed Letters of Authority for Personal Representative (PC 572)
☐ Filing fee ($)

SOURCES AND REFERENCES

• Michigan Compiled Laws (official per-section text): https://www.legislature.mi.gov/Laws/MCL
• Michigan Court Rules (official current compilation): https://www.courts.michigan.gov/48ec32/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules.pdf
• SCAO form PC 559: https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc559.pdf
• SCAO Probate Court Forms Index: https://www.courts.michigan.gov/SCAO-forms/probate-court-forms/