Mich. Ct. R. 5.302

As amended through April 3, 2024
Rule 5.302 - Commencement of Decedent Estates
(A) Methods of Commencement. A decedent estate may be commenced by filing an application for an informal proceeding or a petition for a formal testacy proceeding. A request for supervised administration may be made in a petition for a formal testacy proceeding.
(1) When filing either an application or petition to commence a decedent estate, two copies of the death certificate must be filed with the application or petition. If the death certificate is not available, the petitioner may file two copies of alternative documentation of the decedent's death. In either instance, the petitioner must redact from one of the copies being filed all protected personal identifying information as required by MCR 1.109(D)(9). The unredacted copy of the death certificate or alternative documentation must be maintained by the court as a nonpublic record.
(2) If a will that is being filed with the court for the purposes of commencing an estate contains protected personal identifying information, the filer must provide the will being filed for probate and a copy that has the protected personal identifying information redacted as required by MCR 1.109(D)(9). The unredacted version of the will must be maintained by the court as a nonpublic record.
(3) Where electronic filing is implemented, if the application or petition to commence a decedent estate indicates that there is a will, it is available, and that it is not already in the court's possession, an exact copy of the will and any codicils must be attached to the application or petition. Within 14 days of the filing of the application or petition, the original will and any codicils must be filed with the court or the case will be dismissed without notice and hearing. Notice of a dismissal for failure to file the original will and any codicils shall be served on the petitioner and any interested persons in a manner provided under MCR 5.105(B).
(4) The court is prohibited from requiring additional documentation, such as information about the proposed or appointed personal representative.
(B) Testimony Identifying Heirs Form. At least one completed SCAO-approved testimony identifying heirs and devisees must be submitted with the application or petition that commences proceedings. A testimony identifying heirs form must be verified under MCR 1.109(D)(3).
(C) Preservation of Testimony. If a hearing is held, proofs included as part of the record are deemed preserved for further administration purposes.
(D) Petition by Parent of Minor. In the interest of justice, the court may allow a custodial parent who has filed an appearance to file a petition to commence proceedings in a decedent estate on behalf of a minor child where the child is an interested person in the estate.

Mich. Ct. R. 5.302

Amended March 20, 2019, effective 5/1/2019; amended September 18, 2019, effective 1/1/2020; amended November 15, 2023, effective 1/1/2024.