There are many different types of Estates that may be opened in the Probate Court. Formal Estate, which is opened with a petition, goes before the Judge who will make a ruling determining who shall be appointed as Personal Representative. Informal Estate, which is opened with an application and presented to the Register or Deputy Register to determine who shall be appointed as Personal Representative. Small Estate, which is opened and closed in the same day and only issues assets (under $22,000) to the heirs at law.
Other than the initial proceedings, there are also other types of Estate filings that may take place. Petition to Reopen an Estate, which is presented to the Judge to determine if good cause is shown to reopen, normally completed when the Estate was administratively closed due to the fiduciary not fulfilling their duties. Application to Reopen an Estate, which is presented to the Register or Deputy Register to determine if good cause is shown to reopen, normally completed when the Estate was properly closed by Personal Representative and new assets are found. Appointment of Successor Personal Representative, presented to the Court to remove Personal Representative and have a Successor appointed.
Trusts are seldom registered with Probate Court but may be by filing a Registration of Trust. This is completed by filing only one form and paying the filing fee. When this is done, it is determined that if at any point throughout the course of the trust's existence, something would need to be changed/updated/deleted within the trust, a Petition to Modify shall be filed with the Tuscola County Probate Court.
Tuscola County Probate Court
Instructions for appointment of Personal Representative by petition
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver's license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept if for filing.
This form must be completely filled out, and then signed in front of a notary or the probate court staff.
This form is used only if; 1. There is a will and 2. There are individuals named in the will to receive something who are not heirs.
Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.
This form must be filled out completely except for the date and time of hearing, which will be completed by the court staff.
This form is used if someone wants to waive the notice of hearing, and consent to the petition filed with the court.
It is your responsibility to "serve" the parties with a copy of the petition, testimony, and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.
The interested parties must be served in one of the following manners:
Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.
This form should be completed after your hearing, and filed with the court throughout the course of the estate be administered.
You are required to publish for creditors on behalf of the deceased. The original form shall be filed with the court. After filing, a copy should be taken to the publication company. The Personal Representative is responsible for the fee associated with the publication.
This form must be completed within 91 days of the appointment of personal representative. This is an inventory fee assessed on the assets. This fee is required to be paid at the time of closing the estate, or on the year anniversary of the estate being open, whichever occurs first.
This form will be used when the personal representative is ready to close the estate. This form must be signed in front of a notary. This form will not be accepted if the inventory fee for the estate has not been paid.
This form is used to finalize and close the estate. After filing the Sworn Statement to Close, all interested parties have 28 days to file an objection to the closing of the estate. After the 28 days pass, this form shall be submitted to the court for closing of the file.
This form is not required to be filed with the court, if you choose to file it with the court there is a $20 filing fee.
You are required to show all interested parties of the estate the income and disbursements that took place during the administration of the estate. You may use this form, or create your own form to accomplish this requirement.
It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.
NOTE: It is the Personal Representative's responsibility to serve all interested parties copies of all forms filed with the court.
Tuscola County Probate Court
Instructions for appointment of Personal Representative
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept it for filing.
This form must be completely filled out, and then signed in front of a notary or the probate court staff.
This form is used only if; 1. There is a will and 2. There are individuals named in the will to receive something who are not heirs.
This form is used if someone other than the nominated personal representative in the will is going to be appointed as personal representative, or if there is no will but multiple individuals have the same priority to act as personal representative.
This form is your order. It must be completely filled out, and then presented to the court staff for signature at time of filing.
This form is used to accept the appointment of personal representative. This form should be completed and signed at time of filing.
This form gives you the authority to act on behalf of the deceased. You should complete your name and address, and phone number. The court staff will sign the form at time of filing.
Please determine if you need only a copy of the letters or a certified copy ($12) before you come to the court. Let the court staff know if a certified copy is being requested so they are able to prepare that document for you at time of filing. Certified copies are good for only 90 days, so please take that into consideration when determining if a certified copy is needed for the administration of the estate.
This form should be completely filled out before the court will accept it for filing.
You are required to publish for creditors on behalf of the deceased. The original form shall be filed with the court. After filing, a copy should be taken to the publication company. The Personal Representative is responsible for the fee associated with the publication.
This form must be completed within 91 days of the appointment of personal representative. There is an inventory fee assessed on the assets. This fee is required to be paid at time of closing the estate, or on the year anniversary of the estate being open, whichever occurs first.
This form will be used when the personal representative is ready to close the estate. This form must be signed in front of a notary. This form will not be accepted if the inventory fee for the estate has not been paid.
This form is used to finalize and close the estate. After filing the Sworn Statement to Close, all interested parties have 28 days to file an objection to the closing of the estate. After the 28 days pass, this form shall be submitted to the court for closing of the file.
This form is not required to be filed with the court, if you choose to file it with the court there is a $20 filing fee.
You are required to show all interested parties of the estate the income and disbursements that took place during the administration of the estate. You may use this form, or create your own form to accomplish this requirement.
It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.
NOTE: It is the Personal Representative’s responsibility to serve all interested parties copies of all forms filed with the court.
Tuscola County Probate Court
Instructions for petition and order for assignment
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept if for filing.
Funds will be distributed as follows:
Tuscola County Probate Court
Instructions for petition to Reopen Estate
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept if for filing.
Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.
This form must be filled out completely except for the date and time of hearing, which will be completed by the court staff.
This form is used if someone wants to waive the notice of hearing, and consent to the petition filed with the court.
It is your responsibility to "serve" the parties with a copy of the petition, testimony, and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.
The interested parties must be served in one of the following manners:
Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.
This form should be completed after your hearing, and filed with the court throughout the course of the estate be administered.
You are required to publish for creditors on behalf of the deceased. The original form shall be filed with the court. After filing, a copy should be taken to the publication company. The Personal Representative is responsible for the fee associated with the publication. – Note: This may have been done the first time the estate was open, so may not need to be done this time.
This form must be completed within 91 days of the appointment of personal representative. This is an inventory fee assessed on the assets. This fee is required to be paid at the time of closing the estate, or on the year anniversary of the estate being open, whichever occurs first.
This form will be used when the personal representative is ready to close the estate. This form must be signed in front of a notary. This form will not be accepted if the inventory fee for the estate has not been paid.
This form is used to finalize and close the estate. After filing the Sworn Statement to Close, all interested parties have 28 days to file an objection to the closing of the estate. After the 28 days pass, this form shall be submitted to the court for closing of the file.
This form is not required to be filed with the court, if you choose to file it with the court there is a $20 filing fee.
You are required to show all interested parties of the estate the income and disbursements that took place during the administration of the estate. You may use this form, or create your own form to accomplish this requirement.
It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.
NOTE: It is the Personal Representative’s responsibility to serve all interested parties copies of all forms filed with the court.
Tuscola County Probate Court
Instructions for Application to Reopen Estate
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept it for filing.
This form is used if someone other than the nominated personal representative in the will is going to be appointed as personal representative, or if there is no will but multiple individuals have the same priority to act as personal representative.
This form is your order. It must be completely filled out, and then presented to the court staff for signature at time of filing.
This form is used to accept the appointment of personal representative. This form should be completed and signed at time of filing.
This form gives you the authority to act on behalf of the deceased. You should complete your name and address, and phone number. The court staff will sign the form at time of filing.
Please determine if you need only a copy of the letters or a certified copy ($12) before you come to the court. Let the court staff know if a certified copy is being requested so they are able to prepare that document for you at time of filing. Certified copies are good for only 90 days, so please take that into consideration when determining if a certified copy is needed for the administration of the estate.
This form should be completely filled out before the court will accept it for filing.
You are required to publish for creditors on behalf of the deceased. The original form shall be filed with the court. After filing, a copy should be taken to the publication company. The Personal Representative is responsible for the fee associated with the publication. – Note: This may have been done the first time the estate was open, so may not need to be done this time.
This form must be completed within 91 days of the appointment of personal representative. There is an inventory fee assessed on the assets. This fee is required to be paid at time of closing the estate, or on the year anniversary of the estate being open, whichever occurs first.
This form will be used when the personal representative is ready to close the estate. This form must be signed in front of a notary. This form will not be accepted if the inventory fee for the estate has not been paid.
This form is used to finalize and close the estate. After filing the Sworn Statement to Close, all interested parties have 28 days to file an objection to the closing of the estate. After the 28 days pass, this form shall be submitted to the court for closing of the file.
This form is not required to be filed with the court, if you choose to file it with the court there is a $20 filing fee.
You are required to show all interested parties of the estate the income and disbursements that took place during the administration of the estate. You may use this form, or create your own form to accomplish this requirement.
It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.
NOTE: It is the Personal Representative’s responsibility to serve all interested parties copies of all forms filed with the court.
Tuscola County Probate Court
Instructions for Request for Appointment of Successor Personal Representative – When Estate is not Closed
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
This form must be completely filled out, and signed before the court will accept if for filing.
Notice of Hearing form shows the date, time, place, and assigned Judge. You, the petitioner, must attend the hearing or your petition will be dismissed; and you will have to begin the process again.
This form must be filled out completely except for the date and time of hearing, which will be completed by the court staff.
This form is used if someone wants to waive the notice of hearing, and consent to the petition filed with the court.
It is your responsibility to “serve” the parties with a copy of the petition, testimony, and notice of hearing. If you do not complete service, your hearing will have to be adjourned. The Proof of Service form must be completed and returned to the Court at least two (2) days prior to the day of the hearing.
The interested parties must be served in one of the following manners:
Your hearing date is a time certain, failure to appear for a scheduled hearing will result in your petition being dismissed; and the loss of your filing fee.
This form should be completed after your hearing, and filed with the court throughout the course of the estate be administered.
You are required to publish for creditors on behalf of the deceased. The original form shall be filed with the court. After filing, a copy should be taken to the publication company. The Personal Representative is responsible for the fee associated with the publication. – Note: This may have been done by the first personal representative, so may not need to be done this time.
This form must be completed within 91 days of the appointment of personal representative. This is an inventory fee assessed on the assets. This fee is required to be paid at the time of closing the estate, or on the year anniversary of the estate being open, whichever occurs first.
This form will be used when the personal representative is ready to close the estate. This form must be signed in front of a notary. This form will not be accepted if the inventory fee for the estate has not been paid.
This form is used to finalize and close the estate. After filing the Sworn Statement to Close, all interested parties have 28 days to file an objection to the closing of the estate. After the 28 days pass, this form shall be submitted to the court for closing of the file.
This form is not required to be filed with the court, if you choose to file it with the court there is a $20 filing fee.
You are required to show all interested parties of the estate the income and disbursements that took place during the administration of the estate. You may use this form, or create your own form to accomplish this requirement.
It is your responsibility to make copies of this paperwork for all interested parties. Bring at least one copy of the paperwork with you to the Court when you file your case. If you prefer that the Court make the copies for you, the charge is $1/page.
NOTE: It is the Personal Representative’s responsibility to serve all interested parties copies of all forms filed with the court.
Tuscola County Probate Court
Instructions for Registration of Trust
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Tuscola County Probate Court
Instructions for Modifications to Trusts
Please read carefully
Court personnel cannot give legal advice
The forms must be fully and accurately completed. The failure to comply with the below instructions will result in the Court rejecting your petition. Should you be unable to understand or complete the forms as directed below, you should then contact an attorney for assistance.
Public act 386 of 1998, as amended by public act 52 of a 1999, court personnel shall not provide or offer to provide legal advice or legal counsel to a fiduciary or an interested person and shall not complete a form, petition, or document for a fiduciary or interested person.
The court will accept:
Cash, money orders, or personal checks (w/ driver’s license & phone number)
Other fees that may apply:
MCL 700.7208 states that a proceeding is initiated by filing a petition in the court and giving notice to interested person.