Amendment of Rules 5.307 5.310

Full title: Amendment of Rules 5.307 and 5.310 of the Michigan Court Rules

Court: Supreme Court of Michigan

Date published: Mar 20, 2007

2006-21 (Mich. Mar. 20, 2007)

Opinion

2006-21.

March 20, 2007.

On order of the Court, the need for immediate action having been found, the notice requirements are dispensed with and the following amendments of Rules 5.307 and 5.310 of the Michigan Court Rules are adopted, effective immediately. MCR 1.201(D). The amendments will be considered at a future public hearing by the Court. The notices and agendas for public hearings are posted atwww.courts.michigan.gov/supremecourt.

[The present language is amended as indicated below by strikeouts and underlining.]

Rule 5.307 Requirements Applicable to All Decedent Estates

(A) [Unchanged.]

(B) Notice to Personal Representative. At the time of appointment, the court must provide the personal representative with written notice of information to be provided to the court. The notice should be substantially in the following form or in the form specified by MCR 5.310(E), if applicable:

"Inventory Information: Within 91 days of the date of the letters of authority, you must submit to the court the information necessary for computation of the probate inventory fee.

"Change of Address: You must keep the court and all interested persons informed in writing within 7 days of any change in your address.

"Notice of Continued Administration: If you are unable to complete the administration of the estate within one year of your the original personal representative's appointment, you must file with the court and all interested persons a notice that the estate remains under administration, specifying the reason for the continuation of the administration. You must give this notice within 28 days of the first anniversary of your the original appointment and all subsequent anniversaries during which the administration remains uncompleted.

"Duty to Complete Administration of the Estate: You must complete the administration of the estate and file appropriate closing papers with the court. Failure to do so may result in personal assessment of costs."

(C)-(D) [Unchanged.]

Rule 5.310 Supervised Administration

(A)-(D) [Unchanged.]

(E) Notice to Personal Representative. When supervised administration is ordered, the court must serve a written notice of duties on the personal representative. The notice must be substantially as follows:

"Inventories: You are required to file an inventory of the assets of the estate within 91 days of the date of your letters of authority or as ordered by the court. The inventory must list in reasonable detail all the property owned by the decedent at the time of death, indicating, for each listed item, the fair market value at the time of decedent's death and the type and amount of any encumbrance. If the value of any item has been obtained through an appraiser, the inventory should include the appraiser's name and address with the item or items appraised by that appraiser.

"Accountings: You are required to file annually, or more often if the court directs, a complete itemized accounting of your administration of the estate, showing in detail all the receipts and disbursements and the property remaining in your hands together with the form of the property. When the estate is ready for closing, you are required to file a final accounting and an itemized and complete list of all properties remaining. Subsequent annual and final accountings must be filed within 56 days after the close of the accounting period.

"Change of Address: You are required to keep the court and interested persons informed in writing within 7 days of any change in your address.

"Notice of Continued Administration: If you are unable to complete the administration of the estate within one year of your the original personal representative's appointment, you must file with the court and all interested persons a notice that the estate remains under administration, specifying the reason for the continuation of the administration. You must give this notice within 28 days of the first anniversary of the original your appointment and all subsequent anniversaries during which the administration remains uncompleted.

"Duty to Complete Administration of Estate: You must complete the administration of the estate and file appropriate closing papers with the court. Failure to do so may result in personal assessment of costs."

(F)-(H) [Unchanged.]

Staff Comment: The amendments of MCR 5.307(B) and 5.310(E) conform to language in MCL 700.3951 by clarifying that a Notice of Continued Administration is tracked from the date of the appointment of the original personal representative, including a special personal representative.

The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.