Supervised - Formal probate - requires the probate court's review and approval of much of the estate activities. For example, in supervised administration the court would be required to (i) approve the sale of the decedent's real estate (unless the decedent's will authorizes the PR to do so), (ii) authorize the payment of PR and attorney fees, (iii) review the PR's accounting of all receipts and disbursements, and (iv) prior approval of all distributions to heirs (people receiving property from the estate is there is no will) and devisees (people receiving property under a will). While the court's involvement frequently adds to the time and expense of administering an estate, the court's supervision will likely afford greater protection to the PR and the other interested persons against losses and claims.
How to Start a Formal Supervised Probate Estate
ORIGINAL DOCUMENTS TO BE FILED:
- File the original Petition for Probate and/or Appointment of Personal Representative (Testate/Intestate) (PC 559)
*NOTE: file in the probate court in the county where the deceased individual resided)
- Testimony, Interested Persons (PC 565)
- Original Will (if testate)
- Acceptance of Appointment (PC 571)
$175.00 filing fee payable to: Livingston Co. Probate Court
There are numerous documents which are required to be filed within the Court file in a Supervised - Formal Estate. These documents are:
- Application for Informal Probate and/or Appointment of Personal Representative ( PC 558).
- Testimony, Interested Persons ( PC 565).
- Acceptance of Appointment (PC 571).
- Original Will and/or Codicil (if testate).
- Proof of Service (PC 564) for Notice of Appointment and Duties of Personal Representative (PC 573).
- Proof of Service (PC 564) for Notice Regarding Attorney Fees (PC 576) (if an attorney is assisting in probating the estate).
- Inventory (PC 577) (the original does not have to be filed, but it must be reviewed by the Probate Register to determine any inventory fee required).
- Affidavit of Publication.
- Sworn Statement to Close Unsupervised Administration (PC 591).
The Notice to Creditors form (PC 574
) must be completed and mailed to the local newspaper, along with the required publication fee. The Personal Representative shall publish notice in a local newspaper notifying creditors of the estate to present their claims within 4 months after the date of publication of the notice or be forever barred. The earliest an estate can be closed is 5 months from the date of commencement, provided the claims period of 4 months has elapsed.
There may be other documents which may be required to be done depending on the nature of the assets or matters which need to be administered in each individual estate. The Court has other estate forms
which may be helpful in assisting the administration of the estate.