The information provided for decedent’s estates will be very generalized and minimal since every estate is different and there are several types of decedent’s estates making the process somewhat complicated.  It is strongly suggested that the advice of legal counsel is sought. 

Estate proceedings are commenced by the filing of an application for informal probate or a petition for probate.  Additional forms are required depending on the facts of the case.  A review of the Estates and Protected Individuals Code will indicate which forms are necessary.

·The non-refundable filing fee is $150.00.

·Certified copy of the letters of authority is an additional fee of $12.00. 

·Supervised proceedings or request for a special personal represenative are both an

   additional filing fee of $20.00

·A death certificate is required to be filed in all types of estate proceedings.

·An inventory fee will be due which fee is based on the value of the assets

 at the date of death.  The fee can be determined upon providing the court

 with an inventory or the value of the assets.  The inventory fee is required

 to be paid prior to closing of the estate or within one year from the date of

 appointment.

·Generally, estates must remain open a minimum of five months.

Montcalm County Procedures:

Inventories listing real estate must include a copy of the tax statement showing the SEV.  If the value on the inventory is pursuant to an appraisal, the appraisal must be included.  The value of assets cannot be reduced by any debt, mortgages, liens, or other indebtedness. 

The value of the assets are as of the date of death and therefore we do not accept amended inventories changing the value of an asset due to a sale at a lesser value. 

Notice must be given to the Montcalm County Friend of the Court pursuant to MCL 700.3705(6).  Proof of this must be filed with the Probate Court.  PC618 may be used.

A notice of continued administration will be accepted and filed after the first year and extended Letters issued.  If a certified copy of the extended Letters is required, a $12.00 fee will be due.  If a notice of continued administration is filed after the second year, a hearing will be scheduled on the necessity of continued administration.  The personal representative and attorney will be required to be present.