Rule 5.125 - Interested Persons Defined(A) Special Persons. In addition to persons named in subrule (C) with respect to specific proceedings, the following persons must be served: (1) The Attorney General must be served if required by law or court rule. The Attorney General must be served in the specific proceedings enumerated in subrule (C) when the decedent is not survived by any known heirs, or the protected person has no known presumptive heirs.(2) A foreign consul must be served if required by MCL 700.1401(4) or court rule. An attorney who has filed an appearance for a foreign consul must be served when required by subrule (A)(5).(3) On a petition for the appointment of a guardian or conservator of a person on whose account benefits are payable by the Veterans' Administration, the Administrator of Veterans' Affairs must be served through the administrator's Michigan district counsel.(4) A guardian, conservator, or guardian ad litem of a person must be served with notice of proceedings as to which the represented person is an interested person, except as provided by MCR 5.105(D)(1).(5) An attorney who has filed an appearance must be served notice of proceedings concerning which the attorney's client is an interested person.(6) A special fiduciary appointed under MCL 700.1309.(7) A person who filed a demand for notice under MCL 700.3205 or a request for notice under MCL 700.5104 if the demand or request has not been withdrawn, expired, or terminated by court order.(8)In a guardianship proceeding for a minor, if the minor is an Indian child as defined by the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., the minor's tribe and the Indian custodian, if any, and, if the Indian child's parent or Indian custodian or tribe is unknown, the Secretary of the Interior.(B) Special Conditions for Interested Persons.(1) Claimant. Only a claimant who has properly presented a claim and whose claim has not been disallowed and remains unpaid need be notified of specific proceedings under subrule (C).(2) Devisee. Only a devisee whose devise remains unsatisfied, or a trust beneficiary whose beneficial interest remains unsatisfied, need be notified of specific proceedings under subrule (C).(3) Trust as Devisee. If either a trust or a trustee is a devisee, the trustee is the interested person. If no trustee has qualified, the interested persons are the qualified trust beneficiaries described in MCL 700.7103(g)(i) and the nominated trustee, if any.(4) Father of a Child Born out of Wedlock. Except as otherwise provided by law, the natural father of a child born out of wedlock need not be served notice of proceedings in which the child's parents are interested persons unless his paternity has been determined in a manner provided by law.(5) Decedent as Interested Person. If a decedent is an interested person, the personal representative of the decedent's estate is the interested person. If there is no personal representative, the interested persons are the known heirs of the estate of the decedent, and the known devisees. If there are no known heirs, the Attorney General must receive notice.(C) Specific Proceedings. Subject to subrules (A) and (B) and MCR 5.105(E), the following provisions apply. When a single petition requests multiple forms of relief, the petitioner must give notice to all persons interested in each type of relief: (1) The persons interested in an application or a petition to probate a will are the (b) nominated trustee and qualified trust beneficiaries described in MCL 700.7103(g)(i) of a trust created under the will,(d) nominated personal representative, and(e) trustee of a revocable trust described in MCL 700.7605(1).(2) The persons interested in an application or a petition to appoint a personal representative, other than a special personal representative, of an intestate estate are the (b) nominated personal representative, and(c) trustee of a revocable trust described in MCL 700.7605(1).(3) The persons interested in a petition to determine the heirs of a decedent are the presumptive heirs.(4) The persons interested in a petition of surety for discharge from further liability are the (a) principal on the bond,(c) devisees of a testate estate,(d) heirs of an intestate estate,(e) qualified trust beneficiaries, as referred to in MCL 700.7103(g)(i),(f) protected person and presumptive heirs of the protected person in a conservatorship, and(5) The persons interested in a proceeding for spouse's allowance are the(a) devisees of a testate estate,(b) heirs of an intestate estate,(e) the personal representative, if the spouse is not the personal representative.(6) The persons interested in a proceeding for examination or approval of an account of a fiduciary are: (a)for a testate estate, the devisees under the will (and if one of the devisees is a trustee or a trust, the persons referred to in MCR 5.125[B][3]),(b)for an intestate estate, the heirs,(c)for a conservatorship, the protected individual (if he or she is 14 years of age or older), the presumptive heirs of the protected individual, and the guardian ad litem, if any,(d)for a final conservatorship or guardianship account following the death of the protected person, the personal representative, if one has been appointed,(e)for a guardianship, the ward (if he or she is 14 years of age or older), the presumptive heirs of the ward, and the guardian ad litem, if any,(f)for a revocable trust, the settlor (and if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, those persons who are entitled to be reasonably informed, as referred to in MCL 700.7603[2]), the current trustee, and any other person named in the terms of the trust to receive either an account or a notice of such a proceeding, including a trust director,(g)for an irrevocable trust, the current trustee, the qualified trust beneficiaries, as defined in MCL 700.7103(g), and any other person named in the terms of the trust to receive either an account or a notice of such a proceeding, including a trust director,(h) in all matters described in this subsection (6), any person whose interests would be adversely affected by the relief requested, including a claimant or an insurer or surety who might be subject to financial obligations as the result of the approval of the account.(7) The persons interested in a proceeding for partial distribution of the estate of a decedent are the(a) devisees of a testate estate entitled to share in the residue,(b) heirs of an intestate estate,(d) any other person whose unsatisfied interests in the estate may be affected by such assignment.(8) The persons interested in a petition for an order of complete estate settlement under MCL 700.3952 or a petition for discharge under MCR 5.311(B)(3) are the (a) devisees of a testate estate,(b) heirs unless there has been an adjudication that decedent died testate,(d) such other persons whose interests are affected by the relief requested.(9) The persons interested in a proceeding for an estate settlement order pursuant to MCL 700.3953 are the (a) personal representative,(d) such other persons whose interests are affected by the relief requested.(10) The persons interested in a proceeding for assignment and distribution of the share of an absent apparent heir or devisee in the estate of a decedent are the (a) devisees of the will of the decedent,(b) heirs of the decedent if the decedent did not leave a will,(c) devisees of the will of the absent person, and(d) presumptive heirs of the absent person.(11) The persons interested in a petition for supervised administration after an estate has been commenced are the (a) devisees, unless the court has previously found decedent died intestate,(b) heirs, unless the court has previously found decedent died testate,(c) personal representative, and(12) The persons interested in an independent request for adjudication under MCL 700.3415 and a petition for an interim order under MCL 700.3505 are the (a) personal representative, and(b) other persons who will be affected by the adjudication.(13) The persons interested in a petition for settlement of a wrongful-death action or distribution of wrongful-death proceeds are the (a) heirs of the decedent,(b) other persons who may be entitled to distribution of wrongful-death proceeds, and(c) claimants whose interests are affected.(14) The persons interested in a will contest settlement proceeding are the (a) heirs of the decedent and(b) devisees affected by settlement.(15) The persons interested in a partition proceeding where the property has not been assigned to a trust under the will are the(a) heirs in an intestate estate or(b) devisees affected by partition.(16) The persons interested in a partition proceeding where the property has been assigned to a trust under the will are the(b) beneficiaries affected by the partition.(17) The persons interested in a petition to establish the cause and date of death in an accident or disaster case under MCL 700.1208 are the heirs of the presumed decedent.(18) The persons interested in a proceeding under the Mental Health Code that may result in an individual receiving involuntary mental health treatment or judicial admission of an individual with a developmental disability to a center are the (b) individual's attorney,(d) prosecuting attorney or petitioner's attorney,(e) director of any hospital or center to which the individual has been admitted,(f) individual's spouse, if the spouse's whereabouts are known,(g) individual's guardian, if any,(h) in a proceeding for judicial admission to a center or in a proceeding in which assisted outpatient treatment is ordered, the community mental health program, and(i) such other relatives or persons as the court may determine.(19) The persons interested in a proceeding under the Mental Health Code in a petition for appointment of a guardian of an individual with a developmental disability are the (b) individual's attorney,(d) individual's presumptive heirs,(e) preparer of the report or another appropriate person who performed an evaluation,(f) director of any facility where the individual may be residing,(g) individual's guardian ad litem, if appointed, and(h) such other persons as the court may determine.(20) The persons interested in an application for appointment of a guardian of a minor by a guardian appointed in another state and in a petition for appointment of a guardian of a minor are(a) the minor, if 14 years of age or older;(b) if known by the petitioner or applicant, each person who had the principal care and custody of the minor during the 63 days preceding the filing of the petition or application;(c) the parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor;(d) the nominated guardian, and(e) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to make decisions regarding the person of a minor.(21) The persons interested in the acceptance of parental appointment of the guardian of a minor under MCL 700.5202 are (a) the minor, if 14 years of age or older,(b) the person having the minor's care, and(c) each grandparent and the adult presumptive heirs of the minor.(22) The persons interested in a 7-day notice of acceptance of appointment as guardian of an incapacitated individual under MCL 700.5301 are the (a) incapacitated individual,(b) person having the care of the incapacitated individual, and(c) presumptive heirs of the incapacitated individual.(23) The persons interested in an application for appointment of a guardian of an incapacitated individual by a guardian appointed in another state or in a petition for appointment of a guardian of an alleged incapacitated individual are(a) the alleged incapacitated individual or the incapacitated individual,(b) if known, a person named as attorney in fact under a durable power of attorney,(c) the alleged incapacitated individual's spouse or the incapacitated individual's spouse,(d) the alleged incapacitated individual's adult children and the individual's parents or the incapacitated individual's adult children and parents,(e) if no spouse, adult child, or parent is living, the presumptive heirs of the individual,(f) the person who has the care and custody of the alleged incapacitated individual or of the incapacitated individual,(g) the nominated guardian, and(h) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to have care and control of the incapacitated individual.(24) The persons interested in receiving a copy of the report of a guardian of a minor, or of a legally incapacitated individual, on the condition of a ward are: (a) the ward, if 14 years of age or older;(b) the person who has principal care and custody of the ward, if other than the guardian;(c) for an adult guardianship, the spouse and adult children or, if no adult children are living, the presumptive heirs of the individual; and(d) for a minor guardianship, the parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor.(25) The persons interested in an application for appointment of a conservator for a protected individual by a conservator appointed in another state or for the petition for the appointment of a conservator or for a protective order are:(a) the individual to be protected if 14 years of age or older,(b) the presumptive heirs of the individual to be protected,(c) if known, a person named as attorney in fact under a durable power of attorney,(d) the nominated conservator,(e) a governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending, and(f) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to manage the protected individual's finances.(26) The persons interested in a petition for the modification or termination of a guardianship or conservatorship or for the removal of a guardian or a conservator are (a) those interested in a petition for appointment under subrule (C)(20), (22), (23), or (25) as the case may be, and(b) the guardian or conservator.(27) The persons interested in a petition by a conservator for instructions or approval of sale of real estate or other assets are(a) the protected individual and(b) those persons listed in subrule (C)(25) who will be affected by the instructions or order.(28) The persons interested in receiving a copy of an inventory or account of a conservator or of a guardian are: (a) the protected individual or ward, if he or she is 14 years of age or older,(b) the presumptive heirs of the protected individual or ward,(d) the guardian ad litem, and(e) the personal representative, if any.(29) The persons interested in a petition for approval of a trust under MCR 2.420 are (a) the protected individual if 14 years of age or older,(b) the presumptive heirs of the protected individual,(c) if there is no conservator, a person named as attorney in fact under a durable power of attorney,(d) the nominated trustee, and(e) a governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending.(30) Interested persons for any proceeding concerning a durable power of attorney for health care are (b) the patient's advocate,(c) the patient's spouse,(d) the patient's adult children,(e) the patient's parents if the patient has no adult children,(f) if the patient has no spouse, adult children, or parents, the patient's minor children, or, if there are none, the presumptive heirs whose addresses are known,(g) the patient's guardian and conservator, if any, and(h) the patient's guardian ad litem.(31) Persons interested in a proceeding to require, hear, or settle an accounting of an agent under a power of attorney are(b) the attorney in fact or agent,(c) any fiduciary of the principal,(d) the principal's guardian ad litem or attorney, if any, and(e) the principal's presumptive heirs.(32) Subject to the provisions of Part 3 of Article VII of the Estates and Protected Individuals Code, the persons interested in the modification or termination of a noncharitable irrevocable trust are:(a) the qualified trust beneficiaries affected by the relief requested,(c) if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the settlor's representative, as referred to in MCL 700.7411(6);(d) the trust director, if any, as referred to in MCL 700.7103(m),(e) the current trustee, and(f) any other person named in the terms of the trust to receive notice of such a proceeding.(33) Subject to the provisions of Part 3 of Article VII of the Estates and Protected Individuals Code, the persons interested in a proceeding affecting a trust other than those already covered by subrules (C)(6), (C)(29), and (C)(32) are: (a) the qualified trust beneficiaries affected by the relief requested,(b) the holder of a power of appointment affected by the relief requested,(d) in a proceeding to appoint a trustee, the proposed trustee,(e) the trust director, if any, as referred to in MCL 700.7103(m),(f) the settlor of a revocable trust, and(g) if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, those persons who are entitled to be reasonably informed, as referred to in MCL 700.7603(2).(D) The court shall make a specific determination of the interested persons if they are not defined by statute or court rule.(E) In the interest of justice, the court may require additional persons be served.Rule 5.125 amended May 7, 2014, effective 5/7/2014 and June 4, 2014, effective 9/1/2014; October 1, 2014, effective 1/1/2015; amended May 23, 2018, effective 9/1/2018; amended March 20, 2019, effective 5/1/2019; amended August 14, 2019, effective 8/14/2019; amended March 16, 2022, effective 5/1/2022.Staff Comment: The amendment of MCR 5.125 adds the community mental health program as an interested person to be served a copy of the court's order when assisted outpatient treatment is ordered.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.