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Deceased Estates: Formal Petition for Probate and/or Appointment of Personal Representative

Below are the forms that must be completed to start an estate proceeding formally in Oakland County Probate Court.  These forms are insertable pdf documents that may be completed in Adobe or may be printed, then completed. 

A formal petition may request supervised administration (case type suffix is "DA") or unsupervised administration (case type suffix is "DE").

Supervised administration requires the Probate Court to review and approve the activities of the estate.

Unsupervised administration does not require the Probate Court's review or approval.  There are limited filing requirements.  An interested person or the Personal Representative may request supervision at any point on a particular issue, or for the duration of the administration.

For complete information on starting an estate, please refer to the following information:  


Some of following forms (primarily those with a form number beginning "PEMH")  reside on this web site and the file size is listed.  Other forms (most documents having form numbers beginning with "PC") are linked directly to the form on the State Court Administrative Office web site.

Forms to start an estate formally may be hand-delivered or mailed.  The staff will check that venue is appropriate;  that all necessary forms are presented and completed correctly; and that the correct filing fee is enclosed.  A copy of the death certificate indicating an Oakland County residence must be attached to the petition as well, with some exceptions.  

Fees

Cash (except by mail), checks or money orders only; made out to "Oakland County Probate Court," and credit cards (Visa, MasterCard and Discover).  Service fees and limitations apply.

  • The filing fee to commence an estate is $150.
  • Letters of Authority cost $12 each.

Publication

If publication is required and the personal representative chooses to publish in the Legal News, a check made out to the Oakland County Legal News for $80.25 must be included, unless other arrangements are made.

Documents to start an Estate Formally:

 

These forms may be required based on the specific situation:

Note - The Bond form is needed in very specific situations:
  1. for intestate estates with full waivers and consents;
  2. for testate estates in which the will provisions do not clearly state that no bond is required.

 

To grant the Petition without a hearing, the court must have full Waivers/Consents (PC 561) from all interested persons.

 

If the petition is granted, the personal representative will need to provide the court with the following forms:

 

If the petition is granted and the personal representative files the appropriate qualifying documents (an Acceptance of Appointment and a Bond of Fiduciary, if required) the court will issue Letters of Authority, which are proof of the personal representative’s authority to act. The second page of the Letters includes valuable information about duties and due dates. Letters on decedent estates in Oakland County do not include expiration dates. When an estate is opened formally, Oakland County Letters contain the following restriction: “The personal representative shall not sell any real estate without further order of the court.”

 

The Personal Representative must also provide the Friend of the Court with PC 618-Personal Representative Notice of the Friend of the Court.  It is not filed with the Probate Court. 

 

If the estate administration proceeds as unsupervised, refer to the next section: Deceased Estates: Application for Informal Probate and/or Appointment of Personal Representative/Unsupervised Administration.

 

The court is not allowed to advise or guide you in terms of administering the estate but for providing appropriate forms.

 

If the estate administration proceeds as supervised, the following documents will be required during administration:

This document must specifically describe all of the decedent’s assets and their value as of the date of death. Real estate is valued at two times the state equalized value (SEV) or by an appraisal as of the date of death. A legal description must be included. The name and address of each financial institution listed must also be included. The Inventory must be filed within 91 days of the date of the Letters of Authority for the court to determine the gross estate fee. There is no filing fee, but see below regarding the Gross Estate Fee. 

An account covers a one-year period starting on the date the Letters of Authority are issued and ending on the anniversary date. They must be filed annually within 56 days of the anniversary date and served on all interested persons.  

All accounts must be itemized, showing receipts and disbursements in detail. A written description of services performed must be included or appended if a personal representative seeks compensation. There is a $20 filing fee for each annual account.

If the personal representative is unable to complete estate administration within one year, this document must be filed with the court within 28 days of the first anniversary and all subsequent anniversaries during which the administration remains uncompleted. It must specify the reason for the continuation of the administration. There is no filing fee. 

Gross Estate Fee (also known as the "Inventory fee" pursuant to PA 595 of 2012)

This is a graduated fee based on the gross value of all estate assets as of the date of death.  For each parcel of real estate, mortgage liens will be deducted up to the value of that parcel for purposes of calculating this fee if the decedent died on or after 3/28/2013.  It must be paid no later than the filing of the Petition for an Order of Complete Estate Settlement, the Sworn Statement or one year after appointment, whichever is earlier.  The court must calculate the exact fee for you.

Cash (except by mail), checks or money orders made out to "Oakland County Probate Court." Credit cards (Visa, MasterCard and Discover). Service fees and limitations apply.

Before an estate may be closed, the procedures indicated inClosing a Decedent's Estate must be followed.

NOTICE: This is meant as a brief description of this topic and is not meant to be all-inclusive.  Consult the statutes and court rules or an attorney for additional information about the duties and responsibilities of a personal representative, including extensive service requirements.  Probate staff is prohibited from giving legal advice and providing specific guidance on administration

Mailing Address

Oakland County Probate Court
First Floor-East Wing
Oakland County Courthouse
1200 N. Telegraph Road
Pontiac, MI  48341-0457

Telephone 248-858-0260

Fax 248-452-2016

Hours are 8:00 a.m. to 4:30 p.m.

Please arrive by 4:00 for same day processing

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