Reopening a Probate Estate in Michigan: What You Should Know
Probate administration can appear to be a rigid legal process; however, Michigan law allows for subsequent administration. Subsequent administration entails the reopening of a probate estate under certain limited circumstances, such as newly discovered assets or attempting to rectify prior errors. In this post, the probate attorneys of Thompson Legal will explain the requirements to reopen a Michigan probate estate as well as what factors parties should consider before filing.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have questions about your specific case, it’s advisable to speak with an attorney. Contact Thompson Legal to schedule a discovery call with a Michigan probate attorney.
When to Reopen an Estate
An estate in Michigan can typically be reopened if new estate property is discovered after the settlement, or if there's evidence of incomplete administration or improper closure. This could include situations where assets of the deceased, such as stocks, bonds, or real estate, are found after the estate has been closed. Additionally, if the estate was improperly closed without completing necessary administration tasks, it may warrant reopening.
Filing for Reopening
Any interested person, including the prior personal representative, has the right to seek the reopening of a previously closed estate. There are two main methods to initiate the reopening process: by petition or by application. A petition typically involves a court hearing, while an application may not require one. However, if the estate was administratively closed under supervised administration, reopening can only be sought through a petition requesting supervised administration.
To file to reopen an estate, an interested party should review the State of Michigan’s Petition/Application to Reopen Estate Form PC 607. Filing this pleading will require the confirmation of addresses, as well as provide information on why the Estate was previously closed. Petitioning parties must also include the reason necessitating the reopening of the Estate.
Appointment of Personal Representative
Upon reopening the estate, the court may appoint the same personal representative who previously served or designate a successor to administer the estate. The appointed personal representative is entrusted with duties similar to those in any other estate administration, including identifying any undisclosed wills, gathering and valuing estate assets, settling outstanding debts and taxes, distributing assets to beneficiaries, and maintaining detailed records of estate transactions.
Limitations and Considerations
Michigan probate proceeds are governed by the Estates and Protected Individuals Code (EPIC) as well as the Michigan Court Rules (MCR). Understanding the applicable MCL 700.3959 and MCR 5.312 is essential, as they outline the process for reopening an estate and specifies due dates for various tasks. It is also important to emphasize that any previously barred claims cannot be revived or asserted in a subsequent administration.
Conclusion
Reopening a probate estate in Michigan requires careful consideration of facts and legal procedures. Whether you have discovered new assets or are rectifying an incomplete administration - seeking professional legal guidance can ensure a smooth and efficient process. At Thompson Legal, our team is dedicated to providing expert assistance and support to clients navigating probate matters, including reopening estates. Contact us today to discuss your probate needs.
Required Forms:
Petition/Application to Reopen Estate, PC 607
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a probate lawyer about your case Contact Us at (734) 743-1646 to schedule a consultation.
