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Estates, Guardianships, Conservatorships and Trusts: A

A B, C D E F G H, I, J L, M P Q, R S T U, V, W

Acceptance of Appointment

A form that must be signed by a fiduciary who has been appointed by the court.  It states that the fiduciary will "accept the appointment, submit to personal jurisdiction of the court, and agree to file annual reports and to perform all required duties."  Letters of Authority or Letters of Guardianship may not be issued by the court, and the fiduciary may not act, until this form is signed.  PC 571 

Account (Conservator)

A form that must be completed by the conservator and filed yearly with the court. It must also be served on all interested persons. Accounts may be labeled "1st annual," "2nd annual," etc., and "final account," depending on how many years the file has been opened. It is a detailed statement of the assets being managed for an individual by the conservator. It lists "Income and other receipts,"  "Expenses and other disbursements," and "Itemized assets remaining at the end of the accounting period."  The filing fee for an account is generally $20.  PC 583 or PC 584 (either one may be used)

Account (Decedent's Estate)

A form that must be completed by a personal representative and served on all interested persons on a yearly basis.  If the estate is under supervised administration, the account must be filed with the court annually.  If the estate is under unsupervised administration, the account may be filed with the court, but it is not required. Accounts will be labeled "1st annual," "2nd annual," etc., and "final account," depending on how many years the estate has been opened, generally. It is a detailed statement of the estate assets that are being managed by the personal representative and includes "Income and other receipts," "Expenses and other disbursements," and Itemized assets remaining at the end of the accounting period." The filing fee for an account is generally $20. PC 583 or PC 584 (either one may be used)

Accounting period

Generally, a one-year period of time which ends on the anniversary date of the issuance of the Letters of Authority.  The annual account will cover activity occurring during this one-year period.  All accounts for conservatorships and supervised estates must be filed within 56 days after the anniversary date of the issuance of the Letters of Authority.  For example, if the fiduciary was appointed by the court on February 5, 2002, signed his Acceptance of Appointment on February 11, 2002, and the court issued him Letters of Authority on February 12, 2002, the accounting period would be from February 12, 2002 to February 12, 2003.  The Account would have to be filed within 56 days (8 weeks) after February 12, 2003, which would be April 9, 2003.

Alternative Documentation

If a Death Certificate is not available to start an estate, alternative documentation may be used.  Alternative Documentation includes a letter from the morgue, hospital, funeral home, or an obituary as proof of death.

Annual Account

See Account.

Annual Report

A form that must be completed by the guardian and filed yearly with the court.  It reports on the well being of the ward in the guardians care. It must be filed within 56 days after the anniversary date of the appointment. There is no fee for filing an annual report.  PC 654 for minors, PC 634 for adults.

Application

A written request to the probate register for informal probate of a will and/or appointment of a personal representative in a decedents estate. PC 558.  See also "Informal Proceedings."

Area "203" or "203"

The follow-up procedure the probate court uses to monitor fiduciary duties. Also, the probate court unit that handles delinquent and/or improper activity of a fiduciary. It gets its name from the court rule (MCR 5.203).