MCR for Probate Court

Subchapter 5.000 General Provisions
Rule 5.001 Applicability
(A) Applicability of Rules. Procedure in probate court is governed by the rules 
applicable to other civil proceedings, except as modified by the rules in this chapter.
(B) Terminology.
(1) References to the "clerk" in the Michigan Court Rules also apply to the 
register in probate court proceedings.
(2) References to "pleadings" in the Michigan Court Rules also apply to 
petitions, objections, and claims in probate court proceedings.

Subchapter 5.100 General Rules of Pleading and Practice
Rule 5.101 Form and Commencement of Action
(A) Form of Action. There are two forms of action, a "proceeding" and a "civil 
action." 
(B) Commencement of Proceeding. A proceeding is commenced by filing an 
application or a petition with the court. 
(C) Civil Actions, Commencement, Governing Rules. The following actions, must be 
titled civil actions, commenced by filing a complaint and governed by the rules 
which are applicable to civil actions in circuit court: 
(1) Any action against another filed by a fiduciary or trustee, and 
(2) Any action filed by a claimant after notice that the claim has been 
disallowed.

Rule 5.102 Notice of Hearing
A petitioner, fiduciary, or other moving party must cause to be prepared, served, 
and filed, a notice of hearing for all matters requiring notification of interested 
persons. It must state the time and date, the place, and the nature of the hearing. 
Hearings must be noticed for and held at times previously approved by the court. 

Rule 5.103 Who May Serve
(A) Qualifications. Service may be made by any adult or emancipated minor, 
including an interested person.
(B) Service in a Governmental Institution. Personal service on a person in a 
governmental institution, hospital, or home must be made by the person in charge 
of the institution or a person designated by that person. 

Rule 5.104 Proof of Service; Waiver and Consent; Unopposed Petition 
(A) Proof of Service. 
(1) Whenever service is required by statute or court rule, a proof of service 
must be filed promptly and at the latest before a hearing to which the paper 
relates or at the time the paper is required to be filed with the court if the paper 
does not relate to a hearing. The proof of service must include a description of 
the papers served, the date of service, the manner and method of service, and 
the person or persons served.
(2) Except as otherwise provided by rule, proof of service of a paper required or 
permitted to be served may be by 
(a) a copy of the notice of hearing, if any;
(b) copies of other papers served with the notice of hearing, with a 
description of the papers in the proof of service;
(c) authentication under MCR 5.114(B) of the person making service.
(3) Subrule (A)(1) notwithstanding, in decedent estates, no proof of service 
need be filed in connection with informal proceedings or unsupervised 
administration unless required by court rule.
(4) In unsupervised administration of a trust, subrule (A)(1) notwithstanding, 
no proof of service need be filed unless required by court rule. 
(B) Waiver and Consent.
(1) Waiver. The right to notice of hearing may be waived. The waiver must
(a) be stated on the record at the hearing, or
(b) be in a writing, which is dated and signed by the interested person or 
someone authorized to consent on the interested person's behalf and 
specifies the hearing to which it applies.
(2) Consent. The relief requested in an application, petition, or motion may be 
granted by consent. An interested person who consents to an application, 
petition, or motion does not have to be served with or waive notice of hearing 
on the application, petition, or motion. The consent must
(a) be stated on the record at the hearing, or
(b) be in a writing which is dated and signed by the interested person or 
someone authorized to consent on the interested person's behalf and must 
contain a declaration that the person signing has received a copy of the 
application, petition, or motion.
(3) Who May Waive and Consent. A waiver and a consent may be made 
(a) by a legally competent interested person;
(b) by a person designated in these rules as eligible to be served on behalf 
of an interested person who is a legally disabled person; or
(c) on behalf of an interested person whether competent or legally disabled, 
by an attorney who has previously filed a written appearance.
However, a guardian, conservator, or trustee cannot waive or consent with 
regard to petitions, motions, accounts, or reports made by that person as 
guardian, conservator, or trustee.
(4) Order. If all interested persons have consented, the order may be entered 
immediately.
(C) Unopposed Petition. If a petition is unopposed at the time set for the hearing, 
the court may either grant the petition on the basis of the recitations in the petition 
or conduct a hearing. However, an order determining heirs based on an 
uncontested petition to determine heirs may only be entered on the basis of sworn 
testimony or a sworn testimony form. An order granting a petition to appoint a 
guardian may only be entered on the basis of testimony at a hearing.

Rule 5.105 Manner and Method of Service
(A) Manner of Service.
(1) Service on an interested person may be by personal service within or 
without the State of Michigan.
(2) Unless another method of service is required by statute, court rule, or 
special order of a probate court, service may be made to the current address of 
an interested person by registered, certified, or ordinary first-class mail. Foreign 
consul and the Attorney General may be served by mail.
(3) An interested person whose address or whereabouts is not known may be 
served by publication, if an affidavit or declaration under MCR 5.114(B) is filed 
with the court, showing that the address or whereabouts of the interested 
person could not be ascertained on diligent inquiry. Except in proceedings 
seeking a determination of a presumption of death based on absence pursuant 
to MCL 700.1208(2), after an interested person has once been served by 
publication, notice is only required on an interested person whose address is 
known or becomes known during the proceedings.
(4) The court, for good cause on ex parte petition, may direct the manner of 
service if
(a) no statute or court rule provides for the manner of service on an 
interested person, or
(b) service cannot otherwise reasonably be made.
(B) Method of Service.
(1) Personal Service.
(a) On an Attorney. Personal service of a paper on an attorney must be 
made by
(i) handing it to the attorney personally;
(ii) leaving it at the attorney's office with a clerk or with some person in 
charge or, if no one is in charge or present, by leaving it in some 
conspicuous place there, or by electronically delivering a facsimile to the 
attorney's office;
(iii) if the office is closed or the attorney has no office, by leaving it at 
the attorney's usual residence with some person of suitable age and 
discretion residing there; or
(iv) sending the paper by registered mail or certified mail, return receipt 
requested, and delivery restricted to the addressee; but service is not 
made for purpose of this subrule until the attorney receives the paper.
(b) On Other Individuals. Personal service of a paper on an individual other 
than an attorney must be made by
(i) handing it to the individual personally;
(ii) leaving it at the person's usual residence with some person of 
suitable age and discretion residing there; or
(iii) sending the paper by registered mail or certified mail, return receipt 
requested, and delivery restricted to the addressee; but service is not 
made for purpose of this subrule until the individual receives the paper.
(c) On Persons Other Than Individuals. Service on an interested person 
other than an individual must be made in the manner provided in MCR 
2.105(C)-(G).
(2) Mailing. Mailing of a copy under this rule means enclosing it in a sealed 
envelope with first-class postage fully prepaid, addressed to the person to be 
served, and depositing the envelope and its contents in the United States mail. 
Service by mail is complete at the time of mailing.
(3) Publication. Service by publication must be made in the manner provided in 
MCR 5.106.
(4) E-mail.  Unless otherwise limited or provided by this court rule, parties to a 
civil action or interested persons to a proceeding may agree to service by email in the manner provided in and governed by MCR 2.107(C)(4).
(C) Petitioner, Service Not Required. For service of notice of hearing on a petition, 
the petitioner, although otherwise an interested person, is presumed to have 
waived notice and consented to the petition, unless the petition expressly indicates 
that the petitioner does not waive notice and does not consent to the granting of 
the requested prayers without a hearing. Although a petitioner or a fiduciary may in 
fact be an interested person, the petitioner need not indicate, either by written 
waiver or proof of service, that the petitioner has received a copy of any paper 
required by these rules to be served on interested persons.
(D) Service on Persons Under Legal Disability or Otherwise Legally Represented. In 
a guardianship or conservatorship proceeding, a petition or notice of hearing asking 
for an order that affects the ward or protected individual must be served on that 
ward or protected individual if he or she is 14 years of age or older. In all other 
circumstances, service on an interested person under legal disability or otherwise 
legally represented must be made on the following:
(1) The guardian of an adult, conservator, or guardian ad litem of a minor or 
other legally incapacitated individual, except with respect to:
(a) a petition for commitment or
(b) a petition, account, inventory, or report made as the guardian, 
conservator, or guardian ad litem.
(2) The trustee of a trust with respect to a beneficiary of the trust, except that 
the trustee may not be served on behalf of the beneficiary on petitions, 
accounts, or reports made by the trustee as trustee or as personal 
representative of the settlor's estate.
(3) The guardian ad litem of any person, including an unascertained or unborn 
person, except as otherwise provided in subrule (D)(1).
(4) A parent of a minor with whom the minor resides, provided the interest of 
the parent in the outcome of the hearing is not in conflict with the interest of 
the minor and provided the parent has filed an appearance on behalf of the 
minor.
(5) The attorney for an interested person who has filed a written appearance in 
the proceeding. If the appearance is in the name of the office of the United 
States attorney, the counsel for the Veterans' Administration, the Attorney 
General, the prosecuting attorney, or the county or municipal corporation 
counsel, by a specifically designated attorney, service must be directed to the 
attention of the designated attorney at the address stated in the written 
appearance.
(6) The agent of an interested person under an unrevoked power of attorney 
filed with the court. A power of attorney is deemed unrevoked until written 
revocation is filed or it is revoked by operation of law.
For purposes of service, an emancipated minor without a guardian or conservator is 
not deemed to be under legal disability.
(E) Service on Beneficiaries of Future Interests. A notice that must be served on 
unborn or unascertained interested persons not represented by a fiduciary or 
guardian ad litem is considered served on the unborn or unascertained interested 
persons if it is served as provided in this subrule.
(1) If an interest is limited to persons in being and the same interest is further 
limited to the happening of a future event to unascertained or unborn persons, 
notice and papers must be served on the persons to whom the interest is first 
limited.
(2) If an interest is limited to persons whose existence as a class is conditioned 
on some future event, notice and papers must be served on the persons in 
being who would comprise the class if the required event had taken place 
immediately before the time when the papers are served.
(3) If a case is not covered by subrule (E)(1) or (2), notice and papers must be 
served on all known persons whose interests are substantially identical to those 
of the unascertained or unborn interested persons.

Rule 5.106 Publication of Notice of Hearing 
(A) Requirements. A notice of hearing or other notice required to be made by 
publication must be published in a newspaper as defined by MCR 2.106(F) one time 
at least 14 days before the date of the hearing, except that publication of a notice 
seeking a determination of a presumption of death based on absence pursuant to 
MCL 700.1208(2) must be made once a month for 4 consecutive months before the 
hearing.
(B) Contents of Published Notice. If notice is given to a person by publication 
because the person's address or whereabouts is not known and cannot be 
ascertained after diligent inquiry, the published notice must include the name of the
person to whom the notice is given and a statement that the result of the hearing 
may be to bar or affect the person's interest in the matter.
(C) Affidavit of Publication. The person who orders the publication must cause to be 
filed with the court a copy of the publication notice and the publisher's affidavit 
stating
(1) the facts that establish the qualifications of the newspaper, and
(2) the date or dates the notice was published.
(D) Service of Notice. A copy of the notice:
(1) must be mailed to an interested person at his or her last known address if 
the person's present address is not known and cannot be ascertained by 
diligent inquiry;
(2) need not be mailed to an interested person if an address cannot be 
ascertained by diligent inquiry.
(E) Location of Publication. Publication must be in the county where the court is 
located unless a different county is specified by statute, court rule, or order of the 
court.

Rule 5.107 Other Papers Required to be Served 
(A) Other Papers to be Served. The person filing a petition, an application, a sworn 
testimony form, supplemental sworn testimony form, a motion, a response or 
objection, an instrument offered or admitted to probate, an accounting, or a sworn 
closing statement with the court must serve a copy of that document on interested 
persons. The person who obtains an order from the court must serve a copy of the 
order on interested persons.
(B) Exceptions.
(1) Service of the papers listed in subrule (A) is not required to be made on an 
interested person whose address or whereabouts, on diligent inquiry, is 
unknown, or on an unascertained or unborn person. The court may excuse 
service on an interested person for good cause.
(2) Service is not required for a small estate filed under MCL 700.3982. 

Rule 5.108 Time of Service 
(A) Personal. Personal service of a petition or motion must be made at least 7 days 
before the date set for hearing, or an adjourned date, unless a different period is 
provided or permitted by court rule. This subrule applies regardless of conflicting 
statutory provisions.
(B) Mail. Service by mail of a petition or motion must be made at least 14 days 
before the date set for hearing, or an adjourned date.
(C) Exception: Foreign Consul. This rule does not affect the manner and time for 
service on foreign consul provided by law.
(D) Computation of Time. MCR 1.108 governs computation of time in probate 
proceedings.
(E) Responses. A written response or objection may be served at any time before 
the hearing or at a time set by the court.

Rule 5.109 Notice of Guardianship Proceedings Concerning Indian Child
If an Indian child is the subject of a guardianship proceeding and an Indian tribe 
does not have exclusive jurisdiction as defined in MCR 3.002(2): 
(1) in addition to any other service requirements, the petitioner shall notify the 
parent or Indian custodian and the Indian child’s tribe, by personal service or by 
registered mail with return receipt requested, of the pending proceedings on a 
petition to establish guardianship over the Indian child and of their right of 
intervention on a form approved by the State Court Administrative Office.  If the 
identity or location of the parent or Indian custodian, or of the tribe, cannot be 
determined, notice shall be given to the Secretary of the Interior by registered mail 
with return receipt requested.  
(2) the court shall notify the parent or Indian custodian and the Indian child’s tribe 
of all other hearings pertaining to the guardianship proceeding as provided in MCR 
5.105.  If the identity or location of the parent or Indian custodian, or of the tribe, 
cannot be determined, notice of the hearings shall be given to the Secretary of the 
Interior.  Such notice may be made by first-class mail.

Rule 5.112 Prior Proceedings Affecting the Person of a Minor 
Proceedings affecting the person of a minor subject to the prior continuing 
jurisdiction of another court of record are governed by MCR 3.205, including the 
requirement that petitions in such proceedings must contain allegations with 
respect to the prior proceedings.

Rule 5.113 Papers; Form and Filing 
(A) Forms of Papers Generally.
(1) An application, petition, motion, inventory, report, account, or other paper 
in a proceeding must
(a) be legibly typewritten or printed in ink in the English language, and
(b) include the
(i) name of the court and title of the proceeding in which it is filed;
(ii) case number, if any, including a prefix of the year filed and a twoletter suffix for the case-type code (see MCR 8.117) according to the 
principal subject matter of the proceeding, and if the case is filed under 
the juvenile code, the petition number which also includes a prefix of 
the year filed and a two-letter suffix for the case-type code.
(iii) character of the paper; and
(iv) name, address, and telephone number of the attorney, if any, 
appearing for the person filing the paper, and
(c) be substantially in the form approved by the State Court Administrator, 
if a form has been approved for the use.
(2) A judge or register shall not receive and file a nonconforming paper.
(B) Contents of Petitions.
(1) A petition must include allegations and representations sufficient to justify 
the relief sought and must:
(a) identify the petitioner, and the petitioner's interest in proceedings, and 
qualification to petition;
(b) include allegations as to residence, domicile, or property situs essential 
to establishing court jurisdiction;
(c) identify and incorporate, directly or by reference, any documents to be 
admitted, construed, or interpreted;
(d) include any additional allegations required by law or court rule; 
(e) except when ex parte relief is sought, include a current list of interested 
persons, indicate the existence and form of incapacity of any of them, the 
mailing addresses of the persons or their representatives, the nature of 
representation and the need, if any, for special representation.
(2) The petition may incorporate by reference papers and lists of interested 
persons previously filed with the court if changes in the papers or lists are set 
forth in the incorporating petition.
(C) Filing by Registered Mail. Any document required by law to be filed in or 
delivered to the court by registered mail, may be filed or delivered by certified mail, 
return receipt requested.
(D) Filing Additional Papers. The court in its discretion may receive for filing a paper 
not required to be filed.

Rule 5.114 Signing and Authentication of Papers 
(A) Signing of Papers.
(1) The provisions of MCR 2.114 regarding the signing of papers apply in 
probate proceedings except as provided in this subrule.
(2) When a person is represented by an attorney, the signature of the attorney 
is required on any paper filed in a form approved by the State Court 
Administrator only if the form includes a place for a signature.
(3) An application, petition, or other paper may be signed by the attorney for 
the petitioner, except that an inventory, account, acceptance of appointment, 
and sworn closing statement must be signed by the fiduciary or trustee. A 
receipt for assets must be signed by the person entitled to the assets.
(B) Authentication by Verification or Declaration.
(1) An application, petition, inventory, accounting, proof of claim, or proof of 
service must be either authenticated by verification under oath by the person 
making it, or, in the alternative, contain a statement immediately above the 
date and signature of the maker: "I declare under the penalties of perjury that 
this _________ has been examined by me and that its contents are true to the 
best of my information, knowledge, and belief." Any requirement of law that a 
document filed with the court must be sworn may be met by this declaration.
(2) In addition to the sanctions provided by MCR 2.114(E), a person who 
knowingly makes a false declaration under subrule (B)(1) is in contempt of 
court.

Rule 5.117 Appearance by Attorneys 
(A) Representation of Fiduciary. An attorney filing an appearance on behalf of a 
fiduciary shall represent the fiduciary.
(B) Appearance.
(1) In General. An attorney may appear by an act indicating that the attorney 
represents an interested person in the proceeding. An appearance by an 
attorney for an interested person is deemed an appearance by the interested 
person. Unless a particular rule indicates otherwise, any act required to be 
performed by an interested person may be performed by the attorney 
representing the interested person.
(2) Notice of Appearance. If an appearance is made in a manner not involving 
the filing of a paper served with the court or if the appearance is made by filing 
a paper which is not served on the interested persons, the attorney must 
promptly file a written appearance and serve it on the interested persons whose 
addresses are known and on the fiduciary. The attorney's address and 
telephone number must be included in the appearance.
(3) Appearance by Law Firm.
(a) A pleading, appearance, motion, or other paper filed by a law firm on 
behalf of a client is deemed the appearance of the individual attorney first 
filing a paper in the action. All notices required by these rules may be 
served on that individual. That attorney's appearance continues until an 
order of substitution or withdrawal is entered. This subrule is not intended 
to prohibit other attorneys in the law firm from appearing in the action on 
behalf of the client.
(b) The appearance of an attorney is deemed to be the appearance of every 
member of the law firm. Any attorney in the firm may be required by the 
court to conduct a court-ordered conference or trial.
(C) Duration of Appearance by Attorney.
(1) In General. Unless otherwise stated in the appearance or ordered by the 
court, an attorney's appearance applies only in the court in which it is made or 
to which the action is transferred and only for the proceeding in which it is filed.
(2) Appearance on Behalf of Fiduciary. An appearance on behalf of a fiduciary 
applies until the proceedings are completed, the client is discharged, or an 
order terminating the appearance is entered.
(3) Termination of Appearance on Behalf of a Personal Representative. In 
unsupervised administration, the probate register may enter an order 
terminating an appearance on behalf of a personal representative if the 
personal representative consents in writing to the termination.
(4) Other Appearance. An appearance on behalf of a client other than a 
fiduciary applies until a final order is entered disposing of all claims by or 
against the client, or an order terminating the appearance is entered.
(5) Substitution of Attorneys. In the case of a substitution of attorneys, the 
court in a supervised administration or the probate register in an unsupervised 
administration may enter an order permitting the substitution without prior 
notice to the interested persons or fiduciary. If the order is entered, the 
substituted attorney must give notice of the substitution to all interested 
persons and the fiduciary.
(D) Right to Determination of Compensation. An attorney whose services are 
terminated retains the right to have compensation determined before the 
proceeding is closed. 
Rule 5.118 Amending or Supplementing Papers 
(A) Papers Subject to Hearing. A person who has filed a paper that is subject to a 
hearing may amend or supplement the paper 
(1) before a hearing if notice is given pursuant to these rules, or
(2) at the hearing without new notice of hearing if the court determines that 
material prejudice would not result to the substantial rights of the person to 
whom the notice should have been directed.
(B) Papers Not Subject to Hearing. A person who has filed a paper that is not 
subject to a hearing may amend or supplement the paper if service is made 
pursuant to these rules. 

Rule 5.119 Additional Petitions; Objections; Hearing Practices
(A) Right to Hearing, New Matter. An interested person may, within the period 
allowed by law or these rules, file a petition and obtain a hearing with respect to 
the petition. The petitioner must serve copies of the petition and notice of hearing 
on the fiduciary and other interested persons whose addresses are known.
(B) Objection to Pending Matter. An interested person may object to a pending 
petition orally at the hearing or by filing and serving a paper which conforms with 
MCR 5.113. The court may adjourn a hearing based on an oral objection and 
require that a proper written objection be filed and served.
(C) Adjournment. A petition that is not heard on the day for which it is noticed, in 
the absence of a special order, stands adjourned from day to day or until a day 
certain.
(D) Briefs; Argument. The court may require that briefs of law and fact and 
proposed orders be filed as a condition precedent to oral argument. The court may 
limit oral argument.

Rule 5.120 Action by Fiduciary in Contested Matter; Notice to Interested 
Persons; Failure to Intervene 
The fiduciary represents the interested persons in a contested matter. The fiduciary 
must give notice to all interested persons whose addresses are known that a 
contested matter has been commenced and must keep such interested persons 
reasonably informed of the fiduciary's actions concerning the matter. The fiduciary 
must inform the interested persons that they may file a petition to intervene in the 
matter and that failure to intervene shall result in their being bound by the actions 
of the fiduciary. The interested person shall be bound by the actions of the fiduciary 
after such notice and until the interested person notifies the fiduciary that the 
interested person has filed with the court a petition to intervene. 

Rule 5.121 Guardian Ad Litem; Visitor 
(A) Appointment.
(1) Guardian Ad Litem. The court shall appoint a guardian ad litem when 
required by law. If it deems necessary, the court may appoint a guardian ad 
litem to appear for and represent the interests of any person in any proceeding. 
The court shall state the purpose of the appointment in the order of 
appointment. The order may be entered with or without notice.
(2) Visitor. The court may appoint a visitor when authorized by law.
(B) Revocation. If it deems necessary, the court may revoke the appointment and 
appoint another guardian ad litem or visitor.
(C) Duties. Before the date set for hearing, the guardian ad litem or visitor shall 
conduct an investigation and shall make a report in open court or file a written 
report of the investigation and recommendations. The guardian ad litem or visitor 
need not appear personally at the hearing unless required by law or directed by the 
court. Any written report must be filed with the court at least 24 hours before the 
hearing or such other time specified by the court.
(D) Evidence.
(1) Reports, Admission Into Evidence. Oral and written reports of a guardian ad 
litem or visitor may be received by the court and may be relied on to the extent 
of their probative value, even though such evidence may not be admissible 
under the Michigan Rules of Evidence.
(2) Reports, Review and Cross-Examination.
(a) Any interested person shall be afforded an opportunity to examine and 
controvert reports received into evidence.
(b) The person who is the subject of a report received under subrule (D)(1) 
shall be permitted to cross-examine the individual making the report if the 
person requests such an opportunity.
(c) Other interested persons may cross-examine the individual making a 
report on the contents of the report, if the individual is reasonably available. 
The court may limit cross-examination for good cause.
(E) Attorney-Client Privilege.
(1) During Appointment of Guardian Ad Litem. When the guardian ad litem 
appointed to represent the interest of a person is an attorney, that appointment 
does not create an attorney-client relationship. Communications between that 
person and the guardian ad litem are not subject to the attorney-client 
privilege. The guardian ad litem must inform the person whose interests are 
represented of this lack of privilege as soon as practicable after appointment. 
The guardian ad litem may report or testify about any communication with the 
person whose interests are represented.
(2) Later Appointment as Attorney. If the appointment of the guardian ad litem 
is terminated and the same individual is appointed attorney, the appointment 
as attorney creates an attorney-client relationship. The attorney-client privilege 
relates back to the date of the appointment of the guardian ad litem.

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 Indian Child Welfare Act, 25 USC 1901 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 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
(a) devisees,
(b) nominated trustee and qualified trust beneficiaries described in MCL 
700.7103(g)(i) of a trust created under the will, 
(c) heirs,
(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
(a) heirs,
(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,
(b) co-surety,
(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 
(g) claimants. 
(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,
(c) claimants,
(d) spouse, and
(e) the personal representative, if the spouse is not the personal 
representative.
(6) The persons interested in a proceeding for examination of an account of a 
fiduciary are the 
(a) devisees of a testate estate, and if one of the devisees is a trustee or a 
trust, the persons referred to in MCR 5.125(B)(3),
(b) heirs of an intestate estate,
(c) protected person and presumptive heirs of the protected person in a 
conservatorship,
(d) ward and presumptive heirs of the ward in a guardianship,
(e) claimants,
(f) settler of a revocable trust,
(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),
(h) current trustee,
(i) qualified trust beneficiaries described in MCL 700.7103(g)(i), for a trust 
accounting, and
(j) other persons whose interests would be adversely affected by the relief 
requested, including insurers and sureties 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,
(c) claimants, and
(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,
(c) claimants, and 
(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,
(b) devisees,
(c) claimants, and 
(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 
(d) claimants.
(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
(a) trustee and 
(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 
(a) individual,
(b) individual's attorney, 
(c) petitioner,
(d) prosecuting attorney or petitioner's attorney,
(e) director of any hospital or center to which the individual has been 
admitted,
(f) the individual's spouse, if the spouse's whereabouts are known,
(g) the individual's guardian, if any,
(h) in a proceeding for judicial admission to a center, the community mental 
health program, and
(i) such other relatives or persons as the court may determine.

(19) The persons interested in a petition for appointment of a guardian for a 
minor are 
(a) the minor, if 14 years of age or older;
(b) if known by the petitioner, each person who had the principal care and 
custody of the minor during the 63 days preceding the filing of the petition; 
(c) the parents of the minor or, if neither of them is living, any 
grandparents and the adult presumptive heirs of the minor, and
(d) the nominated guardian.
(20) 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.
(21) 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.
(22) The persons interested in a petition for appointment of a guardian of an 
alleged incapacitated individual are 
(a) the alleged 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,
(d) the alleged incapacitated individual's adult children and the individual's 
parents, 
(e) if no spouse, 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, and 
(g) the nominated guardian. 
(23) The persons interested in receiving a copy of the report of a guardian of a 
legally incapacitated individual on the condition of a ward are: 
(a) the ward,
(b) the person who has principal care and custody of the ward, and 
(c) the spouse and adult children or, if no adult children are living, the 
presumptive heirs of the individual.
(24) The persons interested in a 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, and 
(e) a governmental agency paying benefits to the individual to be protected 
or before which an application for benefits is pending. 
(25) 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)(19), 
(21), (22), or (24) as the case may be, and 
(b) the guardian or conservator. 
(26) 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)(24) who will be affected by the 
instructions or order.
(27) 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 
and can be located, 
(b) the presumptive heirs of the protected individual or ward,
(c) the claimants, and
(d) the guardian ad litem.
(28) 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.
(29) The persons interested in a petition for emancipation of a minor are
(a) the minor, 
(b) parents of the minor, 
(c) the affiant on an affidavit supporting emancipation, and 
(d) any guardian or conservator. 
(30) Interested persons for any proceeding concerning a durable power of 
attorney for health care are
(a) the patient,
(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
(a) the principal,
(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,
(b).the settlor,
(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 protector, if any, as referred to in MCL 700.7103(n),
(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)(28), 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,
(c) the current trustee,
(d) in a proceeding to appoint a trustee, the proposed trustee,
(e) the trust protector, if any, as referred to in MCL 700.7103(n), 
(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 5.126 Demand or Request for Notice 
(A) Applicability. For purposes of this rule "demand" means a demand or request. 
This rule governs the procedures to be followed regarding a person who files a 
demand for notice pursuant to MCL 700.3205 or MCL 700.5104. This person under 
both sections is referred to as a "demandant."
(B) Procedure.
(1) Obligation to Provide Notice or Copies of Documents. Except in small estates 
under MCL 700.3982 and MCL 700.3983, the person responsible for serving a 
paper in a decedent estate, guardianship, or conservatorship in which a demand 
for notice is filed is responsible for providing copies of any orders and filings 
pertaining to the proceeding in which the demandant has requested notification. 
If no proceeding is pending at the time the demand is filed, the court must 
notify the petitioner or applicant at the time of filing that a demand for notice 
has been filed and of the responsibility to provide notice to the demandant.
(2) Rights and Obligations of Demandant. 
(a) The demandant must serve on interested persons a copy of a demand for 
notice filed after a proceeding has been commenced.
(b) Unless the demand for notice is limited to a specified class of papers, the 
demandant is entitled to receive copies of all orders and filings subsequent to 
the filing of the demand. The copies must be mailed to the address specified in 
the demand. If the address becomes invalid and the demandant does not 
provide a new address, no further copies of papers need be provided to the 
demandant.
(C) Termination, Withdrawal.
(1) Termination on Disqualification of Demandant. The fiduciary or an interested 
person may petition the court to determine that a person who filed a demand 
for notice does not meet the requirements of statute or court rule to receive 
notification. The court on its own motion may require the demandant to show 
cause why the demand should not be stricken.
(2) Expiration of Demand When no Proceeding is Opened. If a proceeding is not 
opened, the demand expires three years from the date the demand is filed.
(3) Withdrawal. The demandant may withdraw the demand at any time by 
communicating the withdrawal in writing to the fiduciary.

Rule 5.127 Venue of Certain Actions 
(A) Defendant Found Incompetent to Stand Trial. When a criminal defendant is 
found mentally incompetent to stand trial and is referred to the probate court for 
admission to a treating facility,
(1) if the defendant is a Michigan resident, venue is proper in the county where 
the defendant resides;
(2) if the defendant is not a Michigan resident, venue is proper in the county of 
the referring criminal court.
(B) Guardian of Property of Nonresident With a Developmental Disability. If an 
individual with a developmental disability is a nonresident of Michigan and needs a 
guardian for Michigan property under the Mental Health Code, venue is proper in 
the probate court of the county where any of the property is located. 
(C) Guardian of Individual With a Developmental Disability Who is in a Facility. If 
venue for a proceeding to appoint a guardian for an individual with a developmental 
disability who is in a facility is questioned, and it appears that the convenience of 
the individual with a developmental disability or guardian would not be served by 
proceeding in the county where the individual with a developmental disability was 
found, venue is proper in the county where the individual with a developmental 
disability most likely would reside if not disabled. In making its decision, the court 
shall consider the situs of the property of the individual with a developmental 
disability and the residence of relatives or others who have provided care.

Rule 5.128 Change of Venue 
(A) Reasons for Change. On petition by an interested person or on the court's own 
initiative, the venue of a proceeding may be changed to another county by court 
order for the convenience of the parties and witnesses, for convenience of the 
attorneys, or if an impartial trial cannot be had in the county where the action is 
pending. 
(B) Procedure. If venue is changed 
(1) the court must send to the transferee court, without charge, copies of 
necessary documents on file as requested by the parties or the transferee court 
and the original of an unadmitted will or a certified copy of an admitted will; 
(2) except as provided in MCR 5.208(A) or unless the court directs otherwise, 
notices required to be published must be published in the county to which 
venue was changed.

Rule 5.131 Discovery Generally 
(A) The general discovery rules apply in probate proceedings. 
(B) Scope of Discovery in Probate Proceedings. Discovery in a probate proceeding is 
limited to matters raised in any petitions or objections pending before the court. 
Discovery for civil actions in probate court is governed by subchapter 2.300.

Rule 5.132 Proof of Wills 
(A) Deposition of Witness to Will. If no written objection has been filed to the 
admission to probate of a document purporting to be the will of a decedent, the 
deposition of a witness to the will or of other witnesses competent to testify at a 
proceeding for the probate of the will may be taken and filed without notice. 
However, the deposition is not admissible in evidence if at the hearing on the 
petition for probate of the will an interested person who was not given notice of the 
taking of the deposition as provided by MCR 2.306(B) objects to its use.
(B) Use of Copy of Will. When proof of a will is required and a deposition is to be 
taken, a copy of the original will or other document made by photographic or 
similar process may be used at the deposition.

Rule 5.141 Pretrial Procedures; Conferences; Scheduling Orders 
The procedures of MCR 2.401 shall apply in a contested proceeding.

Rule 5.142 Pretrial Motions in Contested Proceedings 
In a contested proceeding, pretrial motions are governed by the rules that are 
applicable in civil actions in circuit court.
Rule 5.143 Alternative Dispute Resolution 
(A) The court may submit to mediation, case evaluation, or other alternative 
dispute resolution process one or more requests for relief in any contested 
proceeding. MCR 2.410 applies to the extent possible.
(B) If a dispute is submitted to case evaluation, MCR 2.403 and 2.404 shall apply to 
the extent feasible, except that sanctions must not be awarded unless the subject 
matter of the case evaluation involves money damages or division of property. 

Rule 5.144 Administratively Closed File 
(A) Administrative Closing. The court may administratively close a file 
(1) for failure to file a notice of continuing administration as provided by MCL 
700.3951(3) or
(2) for other reasons as provided by MCR 5.203(D) or, after notice and hearing, 
upon a finding of good cause.
In a conservatorship, the court may administratively close a file only when 
there are insufficient assets in the estate to employ a successor or special 
fiduciary, or after notice and hearing upon a finding of good cause. If the court 
administratively closes the conservatorship, the court shall provide notice to the 
state court administrative office of the closure.
(B) Reopening Administratively Closed Estate. Upon petition by an interested 
person, with or without notice as the court directs, the court may order an 
administratively closed estate reopened. The court may appoint the previously 
appointed fiduciary, a successor fiduciary, a special fiduciary, or a special personal 
representative, or the court may order completion of the administration without 
appointing a fiduciary. In a decedent estate, the court may order supervised 
administration if it finds that supervised administration is necessary under the 
circumstances.

Rule 5.151 Jury Trial, Applicable Rules 
Jury trials in probate proceedings shall be governed by MCR 2.508 through 2.516 
except as modified by this subchapter or MCR 5.740 for mental health proceedings.
Rule 5.158 Jury Trial of Right in Contested Proceedings 
(A) Demand. A party may demand a trial by jury of an issue for which there is a 
right to trial by jury by filing in a manner provided by these rules a written demand 
for a jury trial within 28 days after an issue is contested. However, if trial is 
conducted within 28 days of the issue being joined, the jury demand must be filed 
at least 4 days before trial. A party who was not served with notice of the hearing 
at least 7 days before the hearing or trial may demand a jury trial at any time 
before the time set for the hearing. The court may adjourn the hearing in order to 
impanel the jury. A party may include the demand in a pleading if notice of the 
demand is included in the caption of the pleading. The jury fee provided by law 
must be paid at the time the demand is filed.
(B) Waiver. A party who fails to file a demand or pay the jury fee as required by 
this rule waives trial by jury. A jury is waived if trial or hearing is commenced 
without a demand being filed. 

Rule 5.162 Form and Signing of Judgments and Orders 
(A) Form of Judgments and Orders. A proposed judgment or order must include the 
name, address, and telephone number of the attorney or party who prepared it. All 
judgments and orders of the court must be typewritten or legibly printed in ink and 
signed by the judge to whom the proceeding is assigned.
(B) Procedure for Entry of Judgments and Orders. In a contested matter, the 
procedure for entry of judgments and orders is as provided in MCR 2.602(B).

Subchapter 5.200 Provisions Common to Multiple Types of 
Fiduciaries 
Rule 5.201 Applicability 
Except for MCR 5.204 and MCR 5.208, which apply in part to trustees and trusts, 
rules in this subchapter contain requirements applicable to all fiduciaries except 
trustees and apply to all estates except trusts.

Rule 5.202 Letters of Authority 
(A) Issuance. Letters of authority shall be issued after the appointment and 
qualification of the fiduciary. Unless ordered by the court, letters of authority will 
not have an expiration date.
(B) Restrictions and Limitations. The court may restrict or limit the powers of a 
fiduciary. The restrictions and limitations imposed must appear on the letters of 
authority. The court may modify or remove the restrictions and limitations with or 
without a hearing. 
(C) Certification. A certification of the letters of authority and a statement that on a 
given date the letters are in full force and effect may appear on the face of copies 
furnished to the fiduciary or interested persons.

Rule 5.203 Follow-Up Procedures 
Except in the instance of a personal representative who fails to timely comply with 
the requirements of MCL 700.3951(1), if it appears to the court that the fiduciary is 
not properly administering the estate, the court shall proceed as follows:
(A) Notice of Deficiency. The court must notify the fiduciary, the attorney for 
the fiduciary, if any, and each of the sureties for the fiduciary of the nature of 
the deficiency, together with a notice to correct the deficiency within 28 days, 
or, in the alternative, to appear before the court or an officer designated by it at 
a time specified within 28 days for a conference concerning the deficiency. 
Service is complete on mailing to the last known address of the fiduciary.
(B) Conference, Memorandum. If a conference is held, the court must prepare a 
written memorandum setting forth the date of the conference, the persons 
present, and any steps required to be taken to correct the deficiency. The steps 
must be taken within the time set by the court but not to exceed 28 days from 
the date of the conference. A copy of the memorandum must be given to those 
present at the conference and, if the fiduciary is not present at the conference, 
mailed to the fiduciary at the last known address.
(C) Extension of Time. For good cause, the court may extend the time for 
performance of required duties for a further reasonable period or periods, but 
any extended period may not exceed 28 days and shall only be extended to a 
day certain. The total period as extended may not exceed 56 days.
(D) Suspension of Fiduciary, Appointment of Special Fiduciary. If the fiduciary 
fails to perform the duties required within the time allowed, the court may do 
any of the following: suspend the powers of the dilatory fiduciary, appoint a 
special fiduciary, and close the estate administration. If the court suspends the 
powers of the dilatory fiduciary or closes the estate administration, the court 
must notify the dilatory fiduciary, the attorney of record for the dilatory 
fiduciary, the sureties on any bond of the dilatory fiduciary that has been filed, 
any financial institution listed on the most recent inventory or account where 
the fiduciary has deposited funds, any currently serving guardian ad litem, and 
the interested persons at their addresses shown in the court file. This rule does 
not preclude contempt proceedings as provided by law.
(E) Reports on the Status of Estates. The chief judge of each probate court 
must file with the state court administrator, on forms provided by the state 
court administrative office, any reports on the status of estates required by the 
state court administrator. 

Rule 5.204 Appointment of Special Fiduciary 
(A) Appointment. The court may appoint a special fiduciary or enjoin a person 
subject to the court's jurisdiction under MCL 700.1309 on its own initiative, on the 
notice it directs, or without notice in its discretion.
(B) Duties and Powers. The special fiduciary has all the duties and powers specified 
in the order of the court appointing the special fiduciary. Appointment of a special 
fiduciary suspends the powers of the general fiduciary unless the order of 
appointment provides otherwise. The appointment may be for a specified time and 
the special fiduciary is an interested person for all purposes in the proceeding until 
the appointment terminates.

Rule 5.205 Address of Fiduciary 
A fiduciary must keep the court and the interested persons informed in writing 
within 7 days of any change in the fiduciary's address. Any notice sent to the 
fiduciary by the court by ordinary mail to the last address on file shall be notice to 
the fiduciary.

Rule 5.206 Duty to Complete Administration 
A fiduciary and an attorney for a fiduciary must take all actions reasonably 
necessary to regularly administer and estate and close administration of an estate. 
If the fiduciary or the attorney fails to take such actions, the court may act to 
regularly close the estate and assess costs against the fiduciary or attorney 
personally.

Rule 5.207 Sale of Real Estate 
(A) Petition. Any petition to approve the sale of real estate must contain the 
following:
(1) the terms and purpose of the sale, 
(2) the legal description of the property,
(3) the financial condition of the estate before the sale, and
(4) an appended copy of the most recent assessor statement or tax statement
showing the state equalized value of the property. If the court is not satisfied 
that the evidence provides the fair market value, a written appraisal may be 
ordered.
(B) Bond. The court may require a bond before approving a sale of real estate in an 
amount sufficient to protect the estate. 

Rule 5.208  Notice to Creditors, Presentment of Claims
(A) Publication of Notice to Creditors; Contents. Unless the notice has already been 
given, the personal representative must publish, and a special personal 
representative may publish, in a newspaper, as defined by MCR 2.106(F), in a 
county in which a resident decedent was domiciled or in which the proceeding as to 
a nonresident was initiated, a notice to creditors as provided in MCL 700.3801. The 
notice must include:
(1) The name, and, if known, the date of death, and date of birth of the 
decedent;
(2) The name and address of the personal representative;
(3) The name and address of the court where proceedings are filed; and
(4) A statement that claims will be forever barred unless presented to the 
personal representative, or to both the court and the personal representative 
within 4 months after the publication of the notice.
(B) Notice to Known Creditors and Trustee. A personal representative who has 
published notice must cause a copy of the published notice or a similar notice to be 
served personally or by mail on each known creditor of the estate and to the 
trustee of a trust of which the decedent is settlor, as defined in MCL 700.7605(1). 
Notice need not be served on the trustee if the personal representative is the 
trustee.
(1) Within the time limits prescribed by law, the personal representative must 
cause a copy of the published notice or a similar notice to be served personally 
or by mail on each creditor of the estate whose identity at the time of 
publication or during the 4 months following publication is known to, or can be 
reasonably ascertained by, the personal representative.
(2) If, at the time of the publication, the address of a creditor is unknown and 
cannot be ascertained after diligent inquiry, the name of the creditor must be 
included in the published notice.
(C) Publication of Notice to Creditors and Known Creditors by Trustee.  A notice that 
must be published under MCL 700.7608 must include: 
(1) The name, and, if known, last known address, date of death, and date of 
birth of the trust’s deceased settlor;
(2) The trust’s name or other designation;
(3) The date the trust was established; 
(4) The name and address of each trustee serving at the time of or as a result 
of the settlor’s death;
(5) The name and address of the trustee’s attorney, if any
and must be served on known creditors as provided in subrule (B) above.
(D) No Notice to Creditors. No notice need be given to creditors in the following 
situations:
(1) The decedent or settlor has been dead for more than 3 years;
(2) Notice need not be given to a creditor whose claim has been presented or 
paid;
(3) For a  personal representative:  
(a) The estate has no assets;
(b) The estate qualifies and is administered under MCL 700.3982, MCL 
700.3983, or MCL 700.3987;
(c) Notice has previously been given under MCL 700.7608 in the county 
(4) For a trustee, the costs of administration equal or exceed the value of the 
trust estate.
(E) Presentment of Claims. A claim shall be presented to the personal 
representative or trustee by mailing or delivering the claim to the personal 
representative or trustee, or the attorney for the personal representative or trustee, 
or, in the case of an estate, by filing the claim with the court and mailing or 
delivering a copy of the claim to the personal representative.
(F) A claim is considered presented
(1) on mailing, if addressed to the personal representative or trustee, or the 
attorney for the personal representative or trustee, or
(2) in all other cases, when received by the personal representative, or trustee 
or the attorney for the personal representative or trustee or in the case of an 
estate when filed with the court.
For purposes of this subrule (F), personal representative includes a proposed 
personal representative.


Subchapter 5.300 Proceedings In Decedent Estates
Rule 5.301 Applicability 
The rules in this subchapter apply to decedent estate proceedings other than 
proceedings provided by law for small estates under MCL 700.3982.

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. When filing either an application or petition to commence a 
decedent estate, a copy of the death certificate must be attached. If the death 
certificate is not available, the petitioner may provide alternative documentation of 
the decedent's death. Requiring additional documentation, such as information 
about the proposed or appointed personal representative, is prohibited.
(B) Sworn Testimony Form. At least one sworn testimony form sufficient to 
establish the identity of heirs and devisees must be submitted with the application 
or petition that commences proceedings. A sworn testimony form must be executed 
before a person authorized to administer oaths.
(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.

Rule 5.304 Notice of Appointment 
(A) Notice of Appointment. The personal representative must, not later than 14 
days after appointment, serve notice of appointment as provided in MCL 700.3705 
and the agreement and notice relating to attorney fees required by MCR 5.313(D). 
No notice of appointment need be served if the person serving as personal 
representative is the only person to whom notice must be given.
(B) Publication of Notice. If the address or identity of a person who is to receive 
notice of appointment is not known and cannot be ascertained with reasonable 
diligence, the notice of appointment must be published one time in a newspaper, as 
defined in MCR 2.106(F), in the county in which a resident decedent was domiciled 
or in the county in which the proceedings with respect to a nonresident were 
initiated. The published notice of appointment is sufficient if it includes:
(1) statements that estate proceedings have been commenced, giving the name 
and address of the court, and, if applicable, that a will has been admitted to 
probate, 
(2) the name of any interested person whose name is known but whose address 
cannot be ascertained after diligent inquiry, and a statement that the result of
the administration may be to bar or affect that person's interest in the estate, 
and 
(3) the name and address of the person appointed personal representative, and 
the name and address of the court.
(C) Prior Publication. After an interested person has once been served by 
publication, notice of appointment is only required if that person's address is known 
or becomes known during the proceedings.

Rule 5.305 Notice to Spouse; Election 
(A) Notice to Spouse. In the estate of a decedent who was domiciled in the state of 
Michigan at the time of death, the personal representative, except a special 
personal representative, must serve notice of the rights of election under part 2 of 
article II of the Estates and Protected Individuals Code, including the time for 
making the election and the rights to exempt property and allowances under part 4 
of article II of the code, on the surviving spouse of the decedent within 28 days 
after the personal representative's appointment. An election as provided in subrule 
(C) may be filed in lieu of the notice. No notice need be given if the surviving 
spouse is the personal representative or one of several personal representatives or 
if there is a waiver under MCL 700.2205.
(B) Proof of Service. The personal representative is not required to file a proof of 
service of the notice of the rights of election.
(C) Spouse's Election. If the surviving spouse exercises the right of election, the 
spouse must serve a copy of the election on the personal representative personally 
or by mail. The election must be made within 63 days after the date for 
presentment of claims or within 63 days after the service of the inventory upon the 
surviving spouse, whichever is later. The election may be filed with the court.
(D) Assignment of Dower. A petition for the assignment of dower under MCL 558.1-
558.29 must include: 
(1) a full and accurate description of the land in Michigan owned by a deceased 
husband and of which he died seized, from which the petitioner asks to have 
the dower assigned; 
(2) the name, age, and address of the widow and the names and addresses of 
the other heirs; 
(3) the date on which the husband died and his domicile on the date of his 
death; and 
(4) the fact that the widow's right to dower has not been barred and that she or 
some other person interested in the land wishes it set apart. 
If there is a minor or other person other than the widow under legal disability 
having no legal guardian or conservator, there may not be a hearing on the 
petition until after the appointment of a guardian ad litem for such person.

Rule 5.307 Requirements Applicable to All Decedent Estates 
(A) Inventory Fee. Within 91 days of the date of the letters of authority, the 
personal representative must submit to the court the information necessary for 
computation of the probate inventory fee. The inventory fee must be paid no later 
than the filing of the petition for an order of complete estate settlement under MCL 
700.3952, the petition for settlement order under MCL 700.3953, or the sworn 
statement under MCL 700.3954, or one year after appointment, whichever is 
earlier.
(B) Notice of Continued Administration.  If unable to complete estate administration 
within one year of the original personal representative’s appointment, the personal 
representative must file with the court and serve on all interested persons a notice 
that the estate remains under administration, specifying the reason for the 
continuation of administration.  The notice must be given within 28 days of the first 
anniversary of appointment and all subsequent anniversaries during which the 
administration remains uncompleted.
(C) 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.  You must also provide the name and address of each 
financial institution listed on your inventory at the time the inventory is 
presented to the court.  The address for a financial institution shall be either 
that of the institution’s main headquarters or the branch used most frequently 
by the personal representative.
"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 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 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."
(D) Claim by Personal Representative. A claim by a personal representative against 
the estate for an obligation that arose before the death of the decedent shall only 
be allowed in a formal proceeding by order of the court.
(E) Requiring or Filing of Additional Papers. Except in formal proceedings and 
supervised administration, the court may not require the filing of any papers other
than those required to be filed by statute or court rule. However, additional papers 
may be filed under MCR 5.113(D).

Rule 5.308 Formal Proceedings 
(A) Accounts. Any account filed with the court must be in the form required by MCR 
5.310(C)(2)(c).
(B) Determination of Heirs.
(1) Determination During Estate Administration. Every petition for formal 
probate of a will or for adjudication of intestacy shall include a request for a 
determination of heirs unless heirs were previously determined. Determination 
of heirs is also required whenever supervised administration is requested. No 
other petition for a formal proceeding, including a petition to appoint a personal 
representative which does not request formal probate of a will or adjudication of 
intestacy, need contain a request for determination of heirs. The personal 
representative or an interested person may at any time file a petition for 
determination of heirs. Heirs may only be determined in a formal hearing.
(2) Determination Without Estate Administration.
(a) Petition and Testimony Form. Any person may initiate a formal 
proceeding to determine intestacy and heirs without appointment of a 
personal representative by filing a petition and a sworn testimony form, 
executed before a person authorized to administer oaths, sufficient to 
establish the domicile of the decedent at the time of death and the identity 
of the interested persons.
(b) Notice, Publication. The petitioner must serve notice of hearing on all 
interested persons. If an interested person's address or whereabouts is not 
known, the petitioner shall serve notice on that person by publication as 
provided in MCR 5.105(A)(3). The court may require other publication if it 
deems necessary.
(c) Order. If notice and proofs are sufficient, the court must enter an order 
determining the date of death, the domicile of the decedent at the time of 
death, whether the decedent died intestate, and the names of the heirs.
(d) Closing File. If there are no further requests for relief and no appeal, the 
court may close its file. 

Rule 5.309 Informal Proceedings 
(A) Denial of Application. If the probate register denies the application for informal 
probate or informal appointment, the applicant may file a petition for a formal 
proceeding, which may include a request for supervised administration.
(B) Effect of Form of Administration in Another State or Country. The fact that any 
particular form of administration has been initiated in the estate of a decedent in 
another state or country does not preclude any other form of proceedings with 
respect to that decedent in Michigan without regard to the form of the proceeding 
in the other state or country.
(C) Notice of Intent to Seek Informal Appointment as Personal Representative.
(1) A person who desires to be appointed personal representative in informal 
proceedings must give notice of intent to seek appointment and a copy of the 
application to each person having a prior or equal right to appointment who 
does not renounce this right in writing before the appointment is made.
(2) Service of notice of intent to seek appointment and a copy of the application 
must be made at least 14 days by mail or 7 days by personal service before 
appointment as personal representative. If the address of one or more of the 
persons having a prior or equal right to appointment is unknown and cannot be 
ascertained after diligent inquiry, notice of the intent to file the application must 
be published pursuant to MCR 5.106 at least 14 days prior to the appointment, 
but a copy of the application need not be published.
(3) Proof of service must be filed with the court along with the application for 
informal appointment as personal representative.
(D) Publication. If the address of an heir, devisee, or other interested person 
entitled to the information on the informal probate under MCL 700.3306 is unknown 
and cannot be ascertained after diligent inquiry, the information in MCL 
700.3306(2) must be provided by publication pursuant to MCR 5.106. Publication of 
notice under this rule is not required if a personal representative has been 
appointed and provided notice under MCR 5.304.

Rule 5.310 Supervised Administration 
(A) Applicability. The other rules applicable to decedent estates apply to supervised 
administration unless they conflict with this rule.
(B) Commencement of Supervised Administration. A request for supervised 
administration in a decedent estate may be made in the petition for formal testacy 
and appointment proceedings. A petition for formal testacy and appointment 
proceedings including a request for supervised administration may be filed at any 
time during the estate proceedings if testacy has not previously been adjudicated. 
If testacy and appointment have been previously adjudicated, a separate petition 
for supervised administration may be filed at any time during administration of the 
estate. Whenever supervised administration is requested, the court must determine 
heirs unless heirs were previously determined, even if supervised administration is 
denied. 
(C) Filing Papers With the Court. The personal representative must file the following 
additional papers with the court and serve copies on the interested persons:
(1) Inventory. 
(a) Administration Commenced Supervised. If supervised administration is 
ordered at the commencement of the estate administration, the personal 
representative must file the inventory within 91 days of the date of the letters 
of authority. 
(b) Administration Commenced Without Supervision. If supervised 
administration is ordered after a personal representative has been appointed, 
the court must specify in the order a time for that personal representative to 
file the inventory.
(2) Accountings.
(a) Time for Filing. Unless the court designates a shorter period, the 
personal representative must file accountings within 56 days after the end 
of the accounting period. A final account must be filed when the estate is 
ready for closing or on removal of a personal representative. The court may 
order an interim accounting at any time the court deems necessary.
(b) Accounting Period. The accounting period ends on the anniversary date 
of the issuance of the letters of authority or, if applicable, on the 
anniversary date of the close of the last period covered by an accounting. 
The personal representative may elect to change the accounting period so 
that it ends on a different date. If the personal representative elects to 
make such a change, the first accounting period thereafter shall not be 
more than a year. A notice of the change must be filed with the court.
(c) Contents. All accountings must be itemized, showing in detail receipts 
and disbursements during the accounting period, unless itemization is 
waived by all interested persons. A written description of services 
performed must be included or appended regarding compensation sought 
by a personal representative. This description need not be duplicated in the 
order. The accounting must include notice that (i) objections concerning the 
accounting must be brought to the court's attention by an interested person 
because the court does not normally review the accounting without an 
objection; (ii) interested persons have a right to review proofs of income 
and disbursements at a time reasonably convenient to the personal 
representative and the interested person; (iii) interested persons may 
object to all or part of an accounting by filing an objection with the court 
before allowance of the accounting; and (iv) if an objection is filed and not 
otherwise resolved, the court will hear and determine the objection. 
(d) Proof of Income and Disbursements. After filing and before the 
allowance of an accounting, the personal representative must make proofs 
of income and disbursements reasonably available for examination by any 
interested person who requests to see them or as required by the court. An 
interested person, with or without examination of the proofs of income and 
disbursements, may file an objection to an accounting with the court. If an 
interested person files an objection without examining the proofs and the 
court concludes that such an examination would help resolve the objection, 
the court may order the interested person to examine the proofs before the 
court hears the objection.
(e) Deferral of Hearings on Accountings. Hearing on each accounting may 
be deferred in the discretion of the court. The court in any case at any time 
may require a hearing on an accounting with or without a request by an 
interested person.
(3) Notice of appointment.
(4) Fees notice pursuant to MCR 5.313.
(5) Notice to spouse.
(6) Affidavit of any required publication.
(7) Such other papers as are ordered by the court.
(D) Tax Information. The personal representative must file with the court
(1) in the case of a decedent dying before October 1, 1993, proof that all 
Michigan inheritance taxes have been paid or
(2) in the case of an estate of a decedent dying after September 30, 1993, 
either
(a) if a federal estate tax return was required to be filed for the decedent, 
proof from the Michigan Department of Treasury that all Michigan estate 
taxes have been paid, or
(b) if no federal estate tax return was required to be filed for the decedent, 
a statement that no Michigan estate tax is due. 
(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 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 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) Changing from Supervised to Unsupervised Administration. At any time during 
supervised administration, any interested person or the personal representative 
may petition the court to terminate supervision of administration. The court may 
terminate supervision unless the court finds that proceeding with supervision is 
necessary under the circumstances. Termination of supervision does not discharge 
the personal representative.
(G) Approval of compensation of an attorney must be sought pursuant to MCR 
5.313.
(H) Order of Complete Estate Settlement. An estate being administered in 
supervised administration must be closed under MCL 700.3952, using the 
procedures specified in MCR 5.311(B)(1).

Rule 5.311 Closing Estate 
(A) Closing by Sworn Statement. In unsupervised administration, a personal 
representative may close an estate by filing a sworn closing statement under MCL 
700.3954 or 700.3988.
(B) Formal Proceedings.
(1) Requirements for Order of Complete Estate Settlement under MCL 
700.3952. An estate being administered in supervised administration must be 
closed by an order for complete estate settlement under MCL 700.3952. All 
other estates may be closed under that provision. A petition for complete estate 
settlement must state the relief requested. If the petitioner requests a 
determination of testacy, the petitioner must comply with the requirements of 
the statute and court rules dealing with a determination of testacy in a formal 
proceeding.
(2) Requirements for Settlement Order under MCL 700.3953. A personal 
representative or a devisee may file a petition for a settlement order under MCL 
700.3953; only in an estate being administered under a will admitted to 
probate in an informal proceeding. The petition may not contain a request for a 
determination of the decedent testacy status in a formal proceeding.
(3) Discharge. A personal representative may petition for discharge from 
liability with notice to the interested persons. A personal representative who 
files such a petition with the court must also file the papers described in MCR 
5.310(C) and (D), as applicable, proofs of service of those papers that are 
required to be served on interested persons, and such other papers as the court 
may require. The court may order the personal representative discharged if the 
court is satisfied that the personal representative has properly administered the 
estate.
(4) Other Requests for Relief. With respect to other requests for relief, the 
petitioner must file appropriate papers to support the request for relief.
(5) Order. If the estate administration is completed, the order entered under 
MCL 700.3952 or MCL 700.3953 shall, in addition to any other relief, terminate 
the personal representative's authority and close the estate.
(C) Closing of Reopened Estate. After completion of the reopened estate 
administration, the personal representative shall proceed to close the estate by 
filing a petition under MCL 700.3952 or MCL 700.3953 or a supplemental closing 
statement under MCL 700.3954. If a supplemental closing statement is filed, the 
personal representative must serve a copy on each interested person. If an 
objection is not filed within 28 days, the personal representative is entitled to 
receive a supplemental certificate of completion.

Rule 5.312 Reopening Decedent Estate 
(A) Reopening by Application. If there is good cause to reopen a previously 
administered estate, other than an estate that was terminated in supervised 
administration, any interested person may apply to the register to reopen the 
estate and appoint the former personal representative or another person who has 
priority. For good cause and without notice, the register may reopen the estate, 
appoint the former personal representative or a person who has priority, and issue 
letters of authority with a specified termination date.
(B) Reopening by Petition. The previously appointed personal representative or an 
interested person may file a petition with the court to reopen the estate and 
appoint a personal representative under MCL 700.3959.
(C) Calculation of Due Dates. For purposes of determining when the inventory fee 
calculation, the inventory filing, the inventory fee payment, and the notice of 
continued administration are due, a reopened decedent estate is to be treated as a 
new case.

Rule 5.313 Compensation of Attorneys 
(A) Reasonable Fees and Costs. An attorney is entitled to receive reasonable 
compensation for legal services rendered on behalf of a personal representative, 
and to reimbursement for costs incurred in rendering those services. In determining 
the reasonableness of fees, the court must consider the factors listed in MRPC 
1.5(a). The court may also take into account the failure to comply with this rule.
(B) Written Fee Agreement. At the commencement of the representation, the 
attorney and the personal representative or the proposed personal representative 
must enter into a written fee agreement signed by them. A copy of the agreement 
must be provided to the personal representative.
(C) Records. Regardless of the fee agreement, every attorney who represents a 
personal representative must maintain time records for services that must reflect 
the following information: the identity of the person performing the services, the 
date the services are performed, the amount of time expended in performing the 
services, and a brief description of the services.
(D) Notice to Interested Persons. Within 14 days after the appointment of a 
personal representative or the retention of an attorney by a personal 
representative, whichever is later, the personal representative must mail to the 
interested persons whose interests will be affected by the payment of attorney fees, 
a notice in the form substantially approved by the State Court Administrator and a 
copy of the written fee agreement. The notice must state:
(1) the anticipated frequency of payment,
(2) that the person is entitled to a copy of each statement for services or costs 
upon request,
(3) that the person may object to the fees at any time prior to the allowance of 
fees by the court,
(4) that an objection may be made in writing or at a hearing and that a written 
objection must be filed with the court and a copy served on the personal 
representative or attorney.
(E) Payment of Fees. A personal representative may make, and an attorney may 
accept, payments for services and costs, on a periodic basis without prior court 
approval if prior to the time of payment
(1) the attorney and personal representative have entered a written fee 
agreement;
(2) copies of the fee agreement and the notice required by subrule (D) have 
been sent to all interested persons who are affected;
(3) a statement for services and costs (containing the information required by 
subrule [C]) has been sent to the personal representative and each interested 
person who has requested a copy of such statement; and
(4) no written, unresolved objection to the fees, current or past, has been 
served on the attorney and personal representative.
In all other instances, attorney fees must be approved by the court prior to 
payment. Costs may be paid without prior court approval. Attorney fees and 
costs paid without prior court approval remain subject to review by the court. 
(F) Claims for compensation, Required Information. Except when the compensation 
is consented to by all the parties affected, the personal representative must append 
to an accounting, petition, or motion in which compensation is claimed a statement 
containing the information required by subrule (C).
(G) Contingent Fee Agreements under MCR 8.121. Subrules (C), (E), and (F) of this 
rule do not apply to a contingent fee agreement between a personal representative 
and an attorney under MCR 8.121.

Subchapter 5.400 Guardianship, Conservatorship, and 
Protective Order Proceedings 
Rule 5.401 General Provisions 
This subchapter governs guardianships, conservatorships, and protective order 
proceedings. The other rules in chapter 5 also apply to these proceedings unless 
they conflict with rules in this subchapter. Except as modified in this subchapter, 
proceedings for guardianships of adults and minors, conservatorships, and 
protective orders shall be in accordance with the Estates and Protected Individuals 
Code, 1998 PA 386 and, where applicable, the Mental Health Code, 1974 PA 258, as 
amended.

Rule 5.402 Common Provisions 
(A) Petition; Multiple Prayers. A petition for the appointment of a guardian or a 
conservator or for a protective order may contain multiple prayers for relief. 
(B) Petition by Minor. A petition and a nomination for the appointment of a 
guardian or conservator of a minor may be executed and made by a minor 14 years 
of age or older. 
(C) Responsibility for Giving Notice; Manner of Service. The petitioner is responsible 
for giving notice of hearing. Regardless of statutory provisions, an interested person 
may be served by mail, by personal service, or by publication when necessary; 
however, if the person who is the subject of the petition is 14 years of age or older, 
notice of the initial hearing must be served on the person personally unless another 
method of service is specifically permitted in the circumstances. 
(D) Letters of Authority. On the filing of the acceptance of appointment or bond 
required by the order appointing a fiduciary, the court shall issue letters of 
authority on a form approved by the state court administrator. Any restriction or 
limitation of the powers of a guardian or conservator must be set forth in the letters 
of authority. 
(E) Indian Child; Definitions, Jurisdiction, Notice, Transfer, Intervention.  
(1) If an Indian child, as defined by the Indian Child Welfare Act, 25 USC 1903, 
is the subject of a guardianship proceeding, the definitions in MCR 3.002 shall 
control.
(2) If an Indian child is the subject of a petition to establish guardianship of a 
minor and an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(2), 
the matter shall be dismissed. 
(3) If an Indian child is the subject of a petition to establish guardianship of a 
minor and an Indian tribe does not have exclusive jurisdiction as defined in MCR 
3.002(2), the court shall ensure that the petitioner has given notice of the 
proceedings to the persons prescribed in MCR 5.125(A)(8) and (C) in 
accordance with MCR 5.109.  
(a) If either parent or the Indian custodian or the Indian child’s tribe 
petitions the court to transfer the proceeding to the tribal court, the court 
shall transfer the case to the tribal court unless either parent objects to the 
transfer of the case to tribal court jurisdiction or the court finds good cause 
not to transfer. In determining whether good cause not to transfer exists, 
the court shall consider the Bureau of Indian Affairs, Guidelines for State 
Courts; Indian Child Custody Proceedings, 44 Fed Reg No 228, 67590-
67592, C.2-C.4.  A perceived inadequacy of the tribal court or tribal 
services does not constitute good cause to refuse to transfer the case. 
(b) The court shall not dismiss the matter until the transfer has been 
accepted by the tribal court.
(c) If the tribal court declines transfer, the Indian Child Welfare Act applies, 
as do the provisions of these rules that pertain to an Indian child (see 25 
USC 1902, 1911[b]).
(d)A petition to transfer may be made at any time in accordance with 25 
USC 1911(b).
(4) The Indian custodian of the child and the Indian child’s tribe have a right to 
intervene at any point in the proceeding pursuant to 25 USC 1911(c).

Rule 5.403 Proceedings on Temporary Guardianship 
(A) Limitation. The court may appoint a temporary guardian only in the course of a 
proceeding for permanent guardianship.
(B) Notice of Hearing, Minor. For good cause stated on the record and included in 
the order, the court may shorten the period for notice of hearing or may dispense 
with notice of a hearing for the appointment of a temporary guardian of a minor, 
except that the minor shall always receive notice if the minor is 14 years of age or 
older.  If a temporary guardian is appointed following an ex parte hearing in a case 
in which the notice period was shortened or eliminated, the court shall send notice 
of the appointment to all interested persons.  The notice shall inform the interested 
persons about their right to object to the appointment, the process for objecting, 
and the date of the next hearing, if any.  If an interested person objects to the 
appointment of a temporary guardian following an ex parte hearing in a case in 
which the notice period was shortened or eliminated, the court shall hold a hearing 
on the objection within 14 days from the date the objection is filed.
(C) Temporary Guardian for Incapacitated Individual Where no Current 
Appointment; Guardian Ad Litem. A petition for a temporary guardian for an alleged 
incapacitated individual shall specify in detail the emergency situation requiring the 
temporary guardianship.  For the purpose of an emergency hearing, the court shall 
appoint a guardian ad litem unless such appointment would cause delay and the 
alleged incapacitated individual would likely suffer serious harm if immediate action 
is not taken. The duties of the guardian ad litem are to visit the alleged 
incapacitated individual, report to the court and take such other action as directed 
by the court. The requirement of MCL 700.5312(1) that the court hold the fully 
noticed hearing within 28 days applies only when the court grants temporary relief.
(D) Temporary Guardian for Minor.
(1) Before Appointment of Guardian. If necessary during proceedings for the 
appointment of a guardian for a minor, the court may appoint a temporary 
guardian after a hearing at which testimony is taken. The petition for a 
temporary guardian shall specify in detail the conditions requiring a temporary 
guardianship.  Where a petition for appointment of a limited guardian has been 
filed, the court, before the appointment of a temporary guardian, shall take into 
consideration the limited guardianship placement plan in determining the 
powers and duties of the parties during the temporary guardianship.
(2) When Guardian Previously Appointed. If it comes to the attention of the 
court that a guardian of a minor is not properly performing the duties of a 
guardian, the court, after a hearing at which testimony is taken, may appoint a 
temporary guardian for a period not to exceed 6 months. The temporary 
guardian shall have the authority of the previously appointed guardian whose 
powers are suspended during the term of the temporary guardianship. The 
temporary guardian shall determine whether a petition to remove the guardian 
should be filed. If such a petition is not filed, the temporary guardian shall 
report to court with recommendations for action that the court should take in 
order to protect the minor upon expiration of the term of the temporary 
guardian. The report shall be filed within 1 month of the date of the expiration 
of the temporary guardianship. 

Rule 5.404 Guardianship of Minor 
(A) Petition for Guardianship of Minor. The petitioner shall state in the petition 
whether or not the minor is an Indian child or whether that fact is unknown.  If the 
court requires the petitioner to file a social history before hearing a petition for 
guardianship of a minor, it shall do so on a form approved by the state court 
administrative office. The social history for minor guardianship is confidential, and it 
is not to be released, except on order of the court, to the parties or the attorneys 
for the parties.
(B) Limited Guardianship.
(1) Modification of Placement Plan.
(a) The parties to a limited guardianship placement plan may file a 
proposed modification of the plan without filing a petition. The proposed 
modification shall be substantially in the form approved by the state court 
administrator.
(b) The court shall examine the proposed modified plan and take further 
action under subrules (c) and (d) within 14 days of the filing of the 
proposed modified plan.
(c) If the court approves the proposed modified plan, the court shall 
endorse the modified plan and notify the interested persons of its approval.
(d) If the court does not approve the modification, the court either shall set 
the proposed modification plan for a hearing or notify the parties of the 
objections of the court and that they may schedule a hearing or submit 
another proposed modified plan.
(2) Limited Guardianship of the Child of a Minor. On the filing of a petition for 
appointment of a limited guardian for a child whose parent is an unemancipated 
minor, the court shall appoint a guardian ad litem to represent the minor 
parent. A limited guardianship placement plan is not binding on the minor 
parent until consented to by the guardian ad litem.
(C) Limited Guardianship Placement Plans and Court-Structured Plans.
(1) All limited guardianship placement plans and court-structured plans shall at 
least include provisions concerning all of the following:
(a) visitation and contact with the minor by the parent or parents sufficient 
to maintain a parent and child relationship;
(b) the duration of the guardianship;
(c) financial support for the minor; and 
(d) in a limited guardianship, the reason why the parent or parents are 
requesting the court to appoint a limited guardian for the minor.
(2) All limited guardianship placement plans and court-structured plans may 
include the following:
(a) a schedule of services to be followed by the parent or parents, child, 
and guardian and 
(b) any other provisions that the court deems necessary for the welfare of 
the child.
(D) Evidence.
(1) Reports, Admission Into Evidence. At any hearing concerning a guardianship 
of a minor, all relevant and material evidence, including written reports, may be 
received by the court and may be relied on to the extent of their probative 
value, even though such evidence may not be admissible under the Michigan 
Rules of Evidence.
(2) Written Reports, Review and Cross-Examination. Interested persons shall be 
afforded an opportunity to examine and controvert written reports so received 
and, in the court's discretion, may be allowed to cross-examine individuals 
making reports when such individuals are reasonably available.
(3) Privilege, Abrogation. No assertion of an evidentiary privilege, other than 
the privilege between attorney and client, shall prevent the receipt and use of 
materials prepared pursuant to a court-ordered examination, interview, or 
course of treatment.
(E) Review of Guardianship for Minor.
(1) Periodic Review. The court shall conduct a review of a guardianship of a 
minor annually in each case where the minor is under age 6 as of the
anniversary of the qualification of the guardian. The review shall be commenced 
within 63 days after the anniversary date of the qualification of the guardian. 
The court may at any time conduct a review of a guardianship as it deems 
necessary.
(2) Investigation. The court shall appoint the Family Independence Agency or 
any other person to conduct an investigation of the guardianship of a minor. 
The investigator shall file a written report with the court within 28 days of such 
appointment. The report shall include a recommendation regarding whether the 
guardianship should be continued or modified and whether a hearing should be 
scheduled. If the report recommends modification, the report shall state the 
nature of the modification.
(3) Judicial Action. After informal review of the report, the court shall enter an 
order continuing the guardianship or set a date for a hearing to be held within 
28 days. If a hearing is set, an attorney may be appointed to represent the 
minor.
(F) Termination of Guardianship.
(1) Necessity of Order. A guardianship may terminate without order of the court 
on the minor's death, adoption, marriage, or attainment of majority. No full, 
testamentary, or limited guardianship shall otherwise terminate without an 
order of the court.
(2) Continuation of Guardianship. When a court has continued a guardianship 
for a period not exceeding one year, the court shall hold the final hearing not 
less than 28 days before the expiration of the period of continuance.
(3) Petition for Family Division of Circuit Court to Take Jurisdiction. If the court 
appoints an attorney or the Family Independence Agency to investigate whether 
to file a petition with the family division of circuit court to take jurisdiction of 
the minor, the attorney or Family Independence Agency shall, within 21 days, 
report to the court that a petition has been filed or why a petition has not been 
filed.
(a) If a petition is not filed with the family division, the court shall take such 
further action as is warranted, except the guardianship may not be 
continued for more than one year after the hearing on the petition to 
terminate.
(b) If a petition is filed with the family division, the guardianship shall 
terminate when the family division authorizes the petition under MCL 
712A.11, unless the family division determines that continuation of such 
guardianship pending disposition is necessary for the well-being of the child.
(4) Resignation of Limited Guardian. A petition by a limited guardian to resign 
shall be treated as a petition for termination of the limited guardianship. The 
parents or the sole parent with the right to custody may file a petition for a new 
limited guardianship. If the court does not approve the new limited 
guardianship or if no petition is filed, the court may proceed in the manner for 
termination of a guardianship under section 5209 or 5219 of the Estates and 
Protected Individuals Code, MCL 700.5209 or MCL 700.5219.
(5) Petition for Termination by a Party Other Than a Parent. If a petition for 
termination is filed by other than a parent, the court may proceed in the 
manner for termination of a guardianship under section 5209 of the Estates and 
Protected Individuals Code, MCL 700.5209. 

Rule 5.405 Proceedings on Guardianship of Incapacitated Individual 
(A) Examination by Physician or Mental Health Professional.
(1) Admission of Report. The court may receive into evidence without testimony 
a written report of a physician or mental health professional who examined an 
individual alleged to be incapacitated, provided that a copy of the report is filed 
with the court five days before the hearing and that the report is substantially 
in the form required by the state court administrator. A party offering a report 
must promptly inform the parties that the report is filed and available. The 
court may issue on its own initiative, or any party may secure, a subpoena to 
compel the preparer of the report to testify.
(2) Abrogation of Privilege. A report ordered by the court may be used in 
guardianship proceedings without regard to any privilege. Any privilege 
regarding a report made as part of an independent evaluation at the request of 
a respondent is waived if the respondent seeks to have the report considered in 
the proceedings.
(3) Determination of Fee. As a condition of receiving payment, the physician or 
mental health professional shall submit an itemized statement of services and 
expenses for approval. In reviewing a statement, the court shall consider the 
time required for examination, evaluation, preparation of reports and court 
appearances; the examiner's experience and training; and the local fee for 
similar services.
(B) Hearings at Site Other Than Courtroom. When hearings are not held in the 
courtroom where the court ordinarily sits, the court shall ensure a quiet and 
dignified setting that permits an undisturbed proceeding and inspires the 
participants' confidence in the integrity of the judicial process.
(C) Guardian of Incapacitated Individual Appointed by Will or Other Writing.
(1) Appointment. A guardian appointed by will or other writing under MCL 
700.5301 may qualify after the death or adjudicated incapacity of a parent or 
spouse who had been the guardian of an incapacitated individual by filing an 
acceptance of appointment with the court that has jurisdiction over the 
guardianship. Unless the court finds the person unsuitable or incompetent for 
the trust, the court shall issue to the nominated guardian letters of 
guardianship equivalent to those that had been issued to the deceased 
guardian.
(2) Notice, Revocation. The testamentary guardian shall notify the court in
which the testamentary instrument has been or will be filed of the appointment 
as guardian. The probating court shall notify the court having jurisdiction over 
the guardianship if the will is denied probate, and the court having the 
guardianship jurisdiction shall immediately revoke the letters of guardianship.

Rule 5.406 Testamentary Guardian of Individual With Developmental 
Disabilities 
(A) Appointment. If the court has not appointed a standby guardian, a 
testamentary guardian may qualify after the death of a parent who had been the 
guardian of an individual with developmental disabilities by filing an acceptance of 
appointment with the court that appointed the deceased parent as guardian. If the 
nominated person is to act as guardian of the estate of the ward, the guardian 
should also file a bond in the amount last required of the deceased guardian. Unless 
the court finds the person unsuitable or incompetent for the appointment, the court 
shall issue to the testamentary guardian letters of authority equivalent to those that 
had been issued to the deceased guardian.
(B) Notice, Revocation. The testamentary guardian must notify the court in which 
the testamentary instrument has been or will be filed of the appointment as 
guardian. The probating court shall notify the court having jurisdiction over the 
guardianship if the will is denied probate, and the court having the guardianship 
jurisdiction shall immediately revoke the letters of authority.

Rule 5.407 Conservatorship; Settlements 
A conservator may not enter into a settlement in any court on behalf of the 
protected person if the conservator will share in the settlement unless a guardian 
ad litem has been appointed to represent the protected person's interest and has 
consented to such settlement in writing or on the record or the court approves the 
settlement over any objection. 

Rule 5.408 Review and Modification of Guardianships of Legally 
Incapacitated Individuals 
(A) Periodic Review of Guardianship.
(1) Periodic Review. The court shall commence a review of a guardianship of a 
legally incapacitated individual not later than 1 year after the appointment of 
the guardian and not later than every 3 years thereafter. 
(2) Investigation. The court shall appoint a person to investigate the 
guardianship and report to the court by a date set by the court. The person 
appointed must visit the legally incapacitated individual or include in the report 
to the court an explanation why a visit was not practical. The report shall 
include a recommendation on whether the guardianship should be modified.
(3) Judicial Action. After informal review of the report, the court shall enter an 
order continuing the guardianship, or enter an order appointing an attorney to 
represent the legally incapacitated individual for the purpose of filing a petition 
for modification of guardianship. In either case, the court shall send a copy of 
the report and the order to the legally incapacitated individual and the 
guardian.
(4) Petition for Modification. If an attorney is appointed under subrule (A)(3), 
the attorney shall file proper pleadings with the court within 14 days of the date 
of appointment.
(B) Petition for Modification; Appointment of Attorney or Guardian Ad Litem.
(1) Petition by Legally Incapacitated Individual. If a petition for modification or 
written request for modification comes from the legally incapacitated individual 
and that individual does not have an attorney, the court shall immediately 
appoint an attorney.
(2) Petition by Person Other Than Legally Incapacitated Individual. If a petition 
for modification or written request for modification comes from some other 
party, the court shall appoint a guardian ad litem. If the guardian ad litem 
ascertains that the legally incapacitated individual contests the relief requested, 
the court shall appoint an attorney for the legally incapacitated individual and 
terminate the appointment of the guardian ad litem. 

Rule 5.409 Report of Guardian; Inventories and Accounts of Conservators 
(A) Reports. A guardian shall file a written report annually within 56 days after the 
anniversary of appointment and at other times as the court may order. Reports 
must be substantially in the form approved by the state court administrator. The 
guardian must serve the report on the persons listed in MCR 5.125(C)(23). 
(B) Inventories.
(1) Guardian. At the time of appointing a guardian, the court shall determine 
whether there would be sufficient assets under the control of the guardian to 
require the guardian to file an inventory. If the court determines that there are 
sufficient assets, the court shall order the guardian to file an inventory.
(2) Filing and Service. Within 56 days after appointment, a conservator or, if 
ordered to do so, a guardian shall file with the court a verified inventory of the 
estate of the protected person, serve copies on the persons required by law or 
court rule to be served, and file proof of service with the court.
(3) Contents.  The guardian or conservator must provide the name and address 
of each financial institution listed on the inventory.  The address for a financial 
institution shall be either that of the institution’s main headquarters or the 
branch used most frequently by the guardian or conservator.  Property that the 
protected individual owns jointly or in common with others must be listed on 
the inventory along with the type of ownership and value.
(C) Accounts. 
(1) Filing, Service. A conservator must file an annual account unless ordered 
not to by the court. A guardian must file an annual account if ordered by the 
court.  The provisions of the court rules apply to any account that is filed with 
the court, even if the account was not required by court order. The account 
must be served on interested persons, and proof of service must be filed with 
the court. The copy of the account served on interested persons must include a 
notice that any objections to the account should be filed with the court and 
noticed for hearing. When required, an accounting must be filed within 56 days 
after the end of the accounting period.
(2) Accounting Period. The accounting period ends on the anniversary date of 
the issuance of the letters of authority, unless the conservator selects another 
accounting period or unless the court orders otherwise. If the conservator 
selects another accounting period, notice of that selection shall be filed with the 
court. The accounting period may be a calendar year or a fiscal year ending on 
the last day of a month. The conservator may use the same accounting period 
as that used for income tax reporting, and the first accounting period may be 
less than a year but not longer than a year.
(3) Hearing. On filing, the account may be set for hearing or the hearing may 
be deferred to a later time.
(4) Exception, Conservatorship of Minor. Unless otherwise ordered by the court, 
no accounting is required in a minor conservatorship where the assets are 
restricted or in a conservatorship where no assets have been received by the 
conservator. If the assets are ordered to be placed in a restricted account, proof 
of the restricted account must be filed with the court within 28 days of the 
conservator's qualification or as otherwise ordered by the court. The 
conservator must file with the court an annual verification of funds on deposit 
with a copy of the corresponding financial institution statement attached.
(5) Contents. The accounting is subject to the provisions of MCR 5.310(C)(2)(c) 
and (d), except that references to a personal representative shall be to a 
conservator. A copy of the corresponding financial institution statement must be 
presented to the court or a verification of funds on deposit must be filed with 
the court, either of which must reflect the value of all liquid assets held by a 
financial institution dated within 30 days after the end of the accounting period, 
unless waived by the court for good cause. 
(6) Periodic Review. The court shall either review or allow accounts annually, 
unless no account is required under MCR 5.409(C)(1) or (C)(4). Accounts shall 
be set for hearing to determine whether they will be allowed at least once every 
three years.
(D) Service and Notice. A copy of the account must be sent to the interested 
persons as provided by these rules. Notice of hearing to approve the account must 
be given to interested persons as provided in subchapter 5.100 of these rules.
(E) Procedures. The procedures prescribed in MCR 5.203, 5.204 and 5.310(E) apply 
to guardianship and conservatorship proceedings, except that references to a 
personal representative shall be to a guardian or conservator, as the situation 
dictates.
(F) Death of Ward. If an individual who is subject to a guardianship or 
conservatorship dies, the guardian or conservator must give written notification to 
the court within 14 days of the individual's date of death. If accounts are required 
to be filed with the court, a final account must be filed within 56 days of the date of 
death.

5.411 Bond of Conservator
In all conservatorships in which there are unrestricted assets, the court may require 
a bond in the amount the court finds necessary to protect the estate or as required 
by statute.  No bond shall be required of trust companies organized under the laws 
of Michigan or of banks with trust powers unless the court orders that a bond be 
required.

Subchapter 5.500 Trust Proceedings 
Rule 5.501 Trust Proceedings in General 
(A) Applicability. This subchapter applies to all trusts as defined in MCL 
700.1107(n), including a trust established under a will and a trust created by court 
order or a separate document.
(B) Unsupervised Administration of Trusts. Unless an interested person invokes 
court jurisdiction, the administration of a trust shall proceed expeditiously, 
consistent with the terms of the trust, free of judicial intervention and without court 
order, approval, or other court action. Neither registration nor a proceeding 
concerning a trust results in continued supervisory proceedings.
(C) Commencement of Trust Proceedings. A proceeding concerning a trust is 
commenced by filing a petition in the court. Registration of the trust is not required 
for filing a petition.
(D) Appointment of Trustee not Named in Creating Document. An interested person 
may petition the court for appointment of a trustee when there is a vacancy in a 
trusteeship.  The court may issue an order appointing as trustee the person 
nominated in the petition or another person. The order must state whether the 
trustee must file a bond or execute an acceptance.
(E) Qualification of Trustee. A trustee appointed by an order of the court, 
nominated as a trustee in a will that has been admitted to probate shall qualify by 
executing an acceptance indicating the nominee's willingness to serve. The trustee 
must serve the acceptance and order, if any, on the then known qualified trust 
beneficiaries described in MCL 700.7103(g)(i) and, in the case of a testamentary 
trustee, on the personal representative of the decedent estate, if one has been 
appointed. No letters of trusteeship shall be issued by the court. The trustee or the 
attorney for the trustee may establish the trustee's incumbency by executing an 
affidavit to that effect, identifying the trustee and the trust and indicating that any 
required bond has been filed with the court and is in force.
(F) Transitional Rule. A trustee of a trust under the jurisdiction of the court before 
April 1, 2000, may request an order of the court closing court supervision and the 
file. On request by the trustee or on its own initiative, the court may order the 
closing of supervision of the trust and close the file. The trustee must give notice of 
the order to all current trust beneficiaries. Closing supervision does not preclude 
any interested trust beneficiary from later petitioning the court for supervision. 
Without regard to whether the court file is closed, all letters of authority for existing 
trusts are canceled as of April 1, 2000, and the trustee's incumbency may be 
established in the manner provided in subrule (E).

Rule 5.502 Supervision of Trusts
If, during a trust proceeding, the court orders supervision of the trust, the court 
shall specify the terms of the supervision.

Subchapter 5.730 Mental Health Rules
Rule 5.730 Mental Health Code; Application 
Except as modified by this subchapter, civil admission and discharge proceedings 
under the Mental Health Code are governed by the rules generally applicable to 
probate court.
Rule 5.732 Attorneys
(A) Continuing Appointment of Attorney. The attorney of record must represent the 
individual in all probate court proceedings under the Mental Health Code until the 
attorney is discharged by court order or another attorney has filed an appearance 
on the individual's behalf. 
(B) Duties. The attorney must serve as an advocate for the individual's preferred 
position. If the individual does not express a preference, the attorney must 
advocate for the position that the attorney believes is in the individual's best 
interest.
(C) Waiver; Appointment of Guardian Ad Litem. The individual may waive an 
attorney only in open court and after consultation with an attorney. The court may 
not accept the waiver if it appears that the waiver is not voluntarily and 
understandingly made. If an attorney is waived, the court may appoint a guardian 
ad litem for the individual. 
Rule 5.733 Appointment of Independent Examiner; Determination of Fees 
and Expenses 
(A) Appointment. When an indigent individual requests an independent clinical 
evaluation, the court must appoint the physician, psychiatrist, or licensed 
psychologist chosen by the individual, unless the person chosen refuses to examine 
the individual or the requested appointment would require unreasonable expense. 
(B) Determination of Fee. In its order of appointment, a court must direct the 
independent examiner to submit an itemized statement of services and expenses 
for approval. In reviewing a fee, the court must consider: 
(1) the time required for examination, evaluation, preparation of reports, and 
court appearances; 
(2) the examiner's experience and training; and 
(3) the local fee for similar services.

Rule 5.734 Service of Papers; Notice of Subsequent Petitions; Time for 
Service 
(A) Service of Papers. When required by the Mental Health Code, the court must 
have the necessary papers served. The individual must be served personally. The 
individual's attorney also must be served.
(B) Notice of Subsequent Petitions. The court must serve a copy of a petition for the 
second or continuing order of involuntary mental health treatment or petition for 
discharge and the notice of hearing on all persons required to be served with notice 
of hearing on the initial petition or application for hospitalization. 
(C) Time for Service. 
(1) A notice of hearing must be served on the individual and the individual's 
attorney 
(a) at least 2 days before the time of a hearing that is scheduled by the 
court to be held within 7 days or less; or
(b) at least 5 days before the time scheduled for other hearings. 
(2) A notice of hearing must be served on other interested parties 
(a) by personal service, at least 2 days before the time of a hearing that is 
scheduled by the court to be held within 7 days or less; or 
(b) by personal service or by mail, at least 5 days before the time 
scheduled for other hearings. 
The court may permit service of a notice of hearing on the individual, the 
individual's attorney, or other interested parties within a shorter period of time with 
the consent of the individual and the individual's attorney.

Rule 5.735 Adjournment 
A hearing may be adjourned only for good cause. The reason for an adjournment 
must be submitted in writing to the court and to the opposing attorney or stated on 
the record.

Rule 5.737 Waiver of Rights 
Unless a statute or court rule requires that a waiver be made by the individual 
personally and on the record, a waiver may be in writing signed by the individual, 
witnessed by the individual's attorney, and filed with the court.
 
Rule 5.738 Conditions at Hearings 
(A) Hearings at Hospitals. When hearings are not held in the courtroom where the 
court ordinarily sits, the court shall ensure a quiet and dignified setting that permits 
an undisturbed proceeding and inspires the participants' confidence in the integrity 
of the judicial process. 
(B) Clothing. The individual may attend a hearing in personal clothing. 
(C) Restraints at Hearing. At a court hearing, the individual may not be handcuffed 
or otherwise restrained, except
(1) on the prior approval of the court, based on the individual's immediate past 
conduct indicating the individual is reasonably likely to try to escape or to inflict 
physical harm on himself or herself or others; or 
(2) after an incident occurring during transportation in which the individual has 
attempted to escape or inflict physical harm on himself or herself or others. 

Rule 5.738a  Use of Interactive Video Technology
(A) Probate courts may use two-way interactive video technology to conduct the 
proceedings outlined in subrule (B). 
(B) Hearings. Probate courts may use two-way interactive video technology to 
conduct hearings concerning initial involuntary treatment, continuing mental health 
treatment, and petitions for guardianship involving persons receiving treatment in 
mental health facilities. 
(C) Mechanics of Use. The use of two-way interactive video technology must be 
conducted in accordance with any requirements and guidelines established by the 
State Court Administrative Office.  All proceedings at which such technology is used 
must be recorded verbatim by the court.

Rule 5.740 Jury Trial 
(A) Persons Permitted to Demand Jury Trial. Notwithstanding MCR 5.158(A), only 
an individual alleged to be in need of involuntary mental health treatment or an 
individual with mental retardation alleged to meet the criteria for judicial admission 
may demand a jury trial in a civil admission proceeding. 
(B) Time for Demand. An individual may demand a jury trial any time before 
testimony is received at the hearing for which the jury is sought. 
(C) Verdict in Commitment Proceedings. In proceedings involving possible 
commitment to a hospital or facility under the Mental Health Code, or to a 
correctional or training facility under the juvenile code, the jury's verdict must be 
unanimous.
(D) Fee. A jury fee is not required from a party demanding a jury trial under the 
Mental Health Code. 

Rule 5.741 Inquiry Into Adequacy of Treatment 
(A) Written Report or Testimony Required. Before ordering a course of involuntary 
mental health treatment or of care and treatment at a center, the court must 
receive a written report or oral testimony describing the type and extent of 
treatment that will be provided to the individual and the appropriateness and 
adequacy of this treatment. 
(B) Use of Written Report; Notice. The court may receive a written report in 
evidence without accompanying testimony if a copy is filed with the court before 
the hearing. At the time of filing the report with the court, the preparer of the 
report must promptly provide the individual's attorney with a copy of the report. 
The attorney may subpoena the preparer of the report to testify. 

Rule 5.743 Appeal by Individual Receiving Involuntary Mental Health 
Treatment Who is Returned to Hospital After Authorized Leave 
(A) Applicability. This rule applies to an individual receiving involuntary mental 
health treatment who has been returned to a hospital following an authorized leave. 
(B) Notifications. When an individual receiving involuntary mental health treatment 
has been returned to a hospital from an authorized leave in excess of 10 days, the 
director of the hospital must, within 24 hours, notify the court of the return and 
notify the individual of the right to appeal the return and have a hearing to 
determine the appeal. The court must notify the individual's attorney or appoint a 
new attorney to consult with the individual and determine whether the individual 
desires a hearing. 
(C) Request and Time for Hearing. An individual who wishes to appeal must request 
a hearing in writing within 7 days of the notice to the individual under subrule (B). 
The court must schedule a requested hearing to be held within 7 days of the court's 
receipt of the request.
(D) Reports Filed With Court. At least 3 days before the hearing, the director of the 
hospital must deliver to the court, the individual, and the individual's attorney, 
copies of a clinical certificate and a current alternative treatment report.
(E) Conduct of Hearing. At the hearing, the director of the hospital must show that 
the individual requires treatment in a hospital. The clinical certificate may be 
admitted in evidence without accompanying testimony by the preparer. However, 
the individual's attorney may subpoena the preparer of the clinical certificate to 
testify.
(F) Order After Hearing. If the court finds that the individual requires treatment at a 
hospital, it must dismiss the appeal and order the individual returned to the 
hospital. If the court finds that the director lacked an adequate basis for concluding 
that the individual requires further treatment in the hospital, it must do one of the 
following: 
(1) order the individual returned to authorized leave status; or 
(2) order treatment through an alternative to hospitalization 
(a) (if the individual was under an order of hospitalization of up to 60 days), 
for a period not to exceed the difference between 90 days and the 
combined time the individual has been hospitalized and on authorized leave 
status, or 
(b) (if the individual was under an order of hospitalization of up to 90 days 
or under a continuing order), for a period not to exceed the difference 
between 1 year and the combined time the individual has been hospitalized 
and on authorized leave status. 

Rule 5.743a Appeal by Administratively Admitted Individual Returned to 
Center After Authorized Leave 
(A) Applicability. This rule applies to an individual with a developmental disability 
who was admitted to a center by an administrative admission and who has been 
returned to a center following an authorized leave. 
(B) Notifications. When an administratively admitted individual has been returned 
to a center from an authorized leave in excess of 10 days, the director of the center 
must, within 24 hours, notify the court of the return and notify the individual of the 
right to appeal the return. The court must notify the individual's guardian, if any, 
and the parents of an individual who is a minor of the return and the right to appeal 
the return and have a hearing to determine the appeal. 
(C) Request for Hearing. An individual who wishes to appeal that individual's return 
must request a hearing in writing within 7 days of the notice to the individual under 
subrule (B). If the individual is less than 13 years of age, the request may be made 
by the individual's parent or guardian. The court must schedule a requested hearing 
to be held within 7 days of the court's receipt of the request. 
(D) Statement Filed With Court. At least 3 days before the hearing, the director of 
the center must deliver to the court, the individual, the individual's parents or 
guardian, if applicable, and the individual's attorney a statement setting forth: 
(1) the reason for the individual's return to the center;
(2) the reason the individual is believed to need care and treatment at the 
center; and 
(3) the plan for further care and treatment.
(E) Conduct of Hearing. The hearing shall proceed as provided in § 511(4) of the 
Mental Health Code, MCL 330.1511. At the hearing, the director of the center must
show that the individual needs care and treatment at the center and that no 
alternative to the care and treatment provided at the center is available and 
adequate to meet the individual's needs. 
(F) Order After Hearing. If the court finds the individual requires care and treatment 
at the center, it must dismiss the appeal and order the individual to remain at the 
center. If the court finds the director did not sustain the burden of proof, it must 
order the individual returned to authorized leave status.

Rule 5.743b Appeal by Judicially Admitted Individual Returned to Center 
After Authorized Leave 
(A) Applicability. This rule applies to an individual with mental retardation who has 
been admitted to a center by judicial order, and who has been on authorized leave 
for a continuous period of less than 1 year. 
(B) Notifications. When a judicially admitted individual has been returned to a 
center from an authorized leave in excess of 10 days, the director of the center 
must, within 24 hours, notify the court of the return and notify the individual of the 
right to appeal the return and have a hearing to determine the appeal. The court 
must notify the individual's attorney or appoint a new attorney to consult with the 
individual and to determine whether the individual desires a hearing. 
(C) Request for Hearing. An individual who wishes to appeal the return must 
request a hearing in writing within 7 days of the notice to the individual under 
subrule (B). The court must schedule a requested hearing to be held within 7 days 
of the court's receipt of the request. 
(D) Statement Filed With Court. At least 3 days before the hearing, the director of 
the center must deliver to the court, the individual, and the individual's attorney a 
statement setting forth: 
(1) the reason for the individual's return to the center;
(2) the reason the individual is believed to need care and treatment at the 
center; and
(3) the plan for further care and treatment. 
(E) Report. The court may order an examination of the individual and the 
preparation and filing with the court of a report that contains such information as 
the court deems necessary. 
(F) Conduct of Hearing. The court shall proceed as provided in § 511(4) of the 
Mental Health Code, MCL 330.1511(4). At the hearing, the director of the center 
must show that the individual needs care and treatment at the center, and that no 
alternative to the care and treatment provided at the center is available and 
adequate to meet the individual's needs. 
(G) Order After Hearing. If the court finds the individual requires care and 
treatment at the center, it must dismiss the appeal and order the individual to 
remain at the center. If the court finds the director did not sustain the burden of 
proof, it must do one of the following: 
(1) order the individual returned to authorized leave status; or 
(2) order the individual to undergo a program of care and treatment for up to 
one year as an alternative to remaining at the center.

Rule 5.744 Proceedings Regarding Hospitalization Without a Hearing 
(A) Scope of Rule. This rule applies to any proceeding involving an individual 
hospitalized without a hearing as ordered by a court or a psychiatrist and the rights 
of that individual. 
(B) Notification.  A notification requesting an order of hospitalization or a 
notification requesting a change in an alternative treatment program, a notice of 
noncompliance, or a notice of hospitalization as ordered by a psychiatrist, must be 
in writing.
(C) Service of Papers. If the court enters a new or modified order without a 
hearing, the court must serve the individual with a copy of that order. If the order 
includes hospitalization, the court must also serve the individual with notice of the 
right to object and demand a hearing. 
(D) Objection; Scheduling Hearing. An individual hospitalized without a hearing, 
either by order of the court or by a psychiatrist's order, may file an objection to the 
order not later than 7 days after receipt of notice of the right to object. The court 
must schedule a hearing to be held within 10 days after receiving the objection. 
(E) Conduct of Hearing. A hearing convened under this rule is without a jury. At the 
hearing the party seeking hospitalization of the individual must present evidence 
that hospitalization is necessary. 

Rule 5.744a Proceedings Regarding an Individual Subject to Judicial 
Admission who is Transferred to a Center from Alternative Setting
(A) Applicability. This rule applies to an individual with mental retardation under 
court order to undergo a program of care and treatment as an alternative to 
admission to a center. 
(B) Immediate Transfer. After the court receives written notification concerning the 
need to transfer a judicially admitted individual receiving alternative care and 
treatment, the court may direct the filing of additional information and may do one 
of the following: 
(1) modify its original order and direct the individual's transfer to another 
program of alternative care and treatment for the remainder of the 1-year 
period;
(2) enter a new order directing the individual's admission to either
(a) a center recommended by the community mental health services 
program; or 
(b) a licensed hospital requested by the individual or the individual's family 
if private funds are to be used; or 
(3) set a date for a hearing.
(C) Investigation Report. On receipt of notification, the court must promptly obtain 
from the community mental health services program or other appropriate agency a 
report stating 
(1) the reason for concern about the adequacy of the care and treatment being 
received at the time of the notification; 
(2) the continued suitability of that care and treatment; and
(3) the adequacy of care and treatment available at another alternative or at a 
center or licensed hospital. 
(D) Service of Papers. If the court enters a new order without a hearing, it must 
serve the interested parties with a copy of that order and a copy of the 
investigation report when it becomes available. If the order includes transfer of the 
individual to a center, the court must also serve the interested parties with written 
notification of the individual's right to object and demand a hearing. 
(E) Hearing. If within 7 days of service under subrule (D) the court receives a 
written objection from the individual or the individual's attorney, guardian, or 
presumptive heir, the court must schedule a hearing to be held within 10 days of 
the court's receipt of the objection. 
(F) Conduct of Hearing. A hearing convened under this rule is without a jury. At the 
hearing, the person seeking transfer of the individual to a center must present 
evidence that the individual had not complied with the applicable order or that the 
order is not sufficient to prevent the individual from inflicting harm or injuries on 
himself, herself or others. The evidence must support a finding that transfer to 
another alternative, a center or a licensed hospital is necessary. 
(G) Order After Hearing. The court may affirm or rescind the order issued under 
subrule (B), order a new program of care and treatment, or order discharge. The 
court may not place the individual in a center without inquiring into the adequacy of 
care and treatment for that individual at that center. 

Rule 5.745 Multiple Proceedings 
(A) New Proceedings Not Prohibited. The admission of an individual under the 
Mental Health Code may not be invalidated because the individual is already subject 
to a court order as a result of a prior admission proceeding. 
(B) Procedure. On being informed that an individual is subject to a previous court 
order, the court must:
(1) if it was the court issuing the previous order, dismiss the new proceeding 
and determine the proper disposition of the individual under its previous order 
or vacate the previous order and proceed under the new petition; or 
(2) if the previous order was issued by another court, continue the new 
proceeding and issue an appropriate order. After entry of the order, the court 
with the new proceeding must consult with the court with the prior proceeding 
to determine if the best interests of the individual will be served by changing 
venue of the prior proceeding to the county where the new proceeding has been 
initiated. If not, the court with the new proceeding must transfer the matter to 
the other court.
(C) Disposition. The court may treat a petition or certificate filed in connection with 
the more recent proceeding as "notification" under MCR 5.743 or 5.744 and 
proceed with disposition under those rules. 

Rule 5.746 Placement of Individual with a Developmental Disability in a 
Facility 
(A) Petition for Authorization. If placement in a facility of an individual with a 
developmental disability has not been authorized or if permission is sought for 
authorization to place the individual in a more restrictive setting than previously 
ordered, a guardian of the individual must petition the court for authorization to 
place the individual in a facility or in a more restricted setting. 
(B) Order. If the court grants the petition for authorization, it may order that: 
(1) the guardian may execute an application for the individual's administrative 
admission to a specific center; 
(2) the guardian may request the individual's temporary admission to a center 
for a period not to exceed 30 days for each admission; or 
(3) the guardian may place the individual in a specific facility or class of facility 
as defined in MCL 330.1600. 
(C) Notice of Hearing. Notice of hearing on a petition for authorization to place an 
individual must be given to those persons required to be served with notice of 
hearing for the appointment of a guardian. 

Rule 5.747 Petition for Discharge of Individual 
At a hearing on a petition for discharge of an individual, the burden is on the person 
who seeks to prevent discharge to show that the individual is a person requiring 
treatment.

Rule 5.748 Transitional Provision on Termination of Indefinite Orders of 
Hospitalization 
If on March 27, 1996, any individual is subject to any order that may result in the 
individual's hospitalization for a period beyond March 27, 1997, a petition for a 
determination that the individual continues to require involuntary mental health 
treatment must be filed on or before the time set for the second periodic review 
after March 27, 1996. The petition may be for involuntary health treatment for a 
period of not more than one year. This rule expires on March 28, 1997. 

Subchapter 5.780 Miscellaneous Proceedings
Rule 5.784 Proceedings on a Durable Power of Attorney for Health Care or 
Mental Health Treatment
(A) Petition, Who Shall File. The petition concerning a durable power of attorney for 
health care or mental health treatment must be filed by any interested party or the 
patient's attending physician. 
(B) Venue. Venue for any proceeding concerning a durable power of attorney for 
health care or mental health treatment is proper in the county in which the patient 
resides or the county where the patient is found. 
(C) Notice of Hearing, Service, Manner and Time. 
(1) Manner of Service. If the address of an interested party is known or can be 
learned by diligent inquiry, notice must be by mail or personal service, but 
service by mail must be supplemented by facsimile or telephone contact within 
the period for timely service when the hearing is an expedited hearing or a 
hearing on the initial determination regarding whether the patient is unable to 
participate in medical or mental health treatment decisions. 
(2) Waiving Service. At an expedited hearing or a hearing on an initial 
determination regarding whether the patient is unable to participate in medical 
or mental health treatment decisions, the court may dispense with notice of the 
hearing on those interested parties who could not be contacted after diligent 
effort by the petitioner. 
(3) Time of Service. Notice of hearing must be served at least 2 days before the 
time of a hearing on an initial determination regarding whether the patient is 
unable to participate in medical or mental health treatment decisions. Notice of 
an expedited hearing must be served at such time as directed by the court. 
Notice of other hearings must be served at such time as directed by MCR 5.108. 
(D) Hearings. 
(1) Time. Hearings on a petition for an initial determination regarding whether a 
patient is unable to participate in a medical or mental health treatment decision 
must be held within 7 days of the filing of the petition. The court may order an 
expedited hearing on any petition concerning a durable power of attorney for 
health care or mental health treatment decisions on a showing of good cause to 
expedite the proceedings. A showing of good cause to expedite proceedings 
may be made ex parte.
(2) Trial. Disputes concerning durable powers of attorney for health care or 
mental health treatment decisions are tried by the court without a jury.
(3) Proof. The petitioner has the burden of proof by a preponderance of 
evidence on all contested issues except that the standard is by clear and 
convincing evidence on an issue whether a patient has authorized the patient 
advocate under a durable power of attorney for health care to decide to 
withhold or withdraw treatment, which decision could or would result in the 
patient's death, or authorized the patient advocate under a durable power of 
attorney for mental health treatment to seek the forced administration of 
medication or hospitalization.
(4) Privilege, Waiver. The physician-patient privilege must not be asserted.
(E) Temporary Relief. On a sufficient showing of need, the court may issue a 
temporary restraining order pursuant to MCR 3.310 pending a hearing on any 
petition concerning a durable power of attorney for health care or mental health 
treatment. 
MCR 5.784 retained 5.31.05

Subchapter 5.800 Appeals
Rule 5.801 Appeals to Other Courts 
(A) Right to Appeal. An interested person aggrieved by an order of the probate 
court may appeal as provided by this rule.
(B) Orders Appealable to Court of Appeals. Orders appealable of right to the Court 
of Appeals are defined as and limited to the following:
(1) a final order affecting the rights or interests of a party to a civil action 
(2) a final order affecting the rights or interests of an interested person in a 
proceeding involving a decedent estate, the estate of a person who has 
disappeared or is missing, a conservatorship or other protective proceeding, the 
estate of an individual with developmental disabilities, or an inter vivos trust or 
a trust created under a will. These are defined as and limited to orders resolving 
the following matters:
(a) appointing or removing a personal representative, conservator, trustee, 
or trust protector as referred to in MCL 700.7103(n), or denying such an 
appointment or removal; 
(b) admitting or denying to probate of a will, codicil, or other testamentary 
instrument; 
(c) determining the validity of a governing instrument;
(d) interpreting or construing a testamentary instrument or inter vivos 
trust; 
(e) approving or denying a settlement relating to a governing instrument; 
(f) reforming, terminating, or modifying or denying the reformation , 
termination or modification of a trust;
(g) granting or denying a petition to consolidate or divide trusts;
(h) discharging or denying the discharge of a surety on a bond from further 
liability; 
(i) allowing, disallowing, or denying a claim; 
(j) assigning, selling, leasing, or encumbering any of the assets of an estate 
or trust; 
(k) authorizing or denying the continuation of a business;
(l) determining special allowances in a decedent's estate such as a 
homestead allowance, an exempt property allowance, or a family 
allowance; 
(m) authorizing or denying rights of election; 
(n) determining heirs, devisees, or beneficiaries; 
(o) determining title to or rights or interests in property;
(p) authorizing or denying partition of property; 
(q) authorizing or denying specific performance; 
(r) ascertaining survivorship of parties; 
(s) granting or denying a petition to bar a mentally incompetent or minor 
wife from dower in the property of her living husband; 
(t) granting or denying a petition to determine cy pres;
(u) directing or denying the making or repayment of distributions;
(v) determining or denying a constructive trust; 
(w) determining or denying an oral contract relating to a will; 
(x) allowing or disallowing an account, fees, or administration expenses; 
(y) surcharging or refusing to surcharge a fiduciary or trust protector as 
referred to in MCL 700.7103(n); 
(z) determining or directing payment or apportionment of taxes; 
(aa) distributing proceeds recovered for wrongful death under MCL 
600.2922; 
(bb) assigning residue; 
(cc) granting or denying a petition for instructions; 
(dd) authorizing disclaimers.
(ee) allowing or disallowing a trustee to change the principal place of a 
trust’s administration;
(3) other appeals as may be hereafter provided by statute.
(C) Final Orders Appealable to Circuit Court. All final orders not enumerated in 
subrule (B) are appealable of right to the circuit court. These include, but are not 
limited to:
(1) a final order affecting the rights and interests of an adult or a minor in a 
guardianship proceeding;
(2) a final order affecting the rights or interests of a person under the Mental 
Health Code, except for a final order affecting the rights or interests of a person 
in the estate of an individual with developmental disabilities.
(D) Interlocutory Orders. An interlocutory order, such as an order regarding
discovery; ruling on evidence; appointing a guardian ad litem; or suspending a 
fiduciary for failure to give a new bond, to file an inventory, or to render an 
account, may be appealed only to the circuit court and only by leave of that court. 
The circuit court shall pay particular attention to an application for leave to appeal 
an interlocutory order if the probate court has certified that the order involves a 
controlling question of law as to which there is substantial ground for difference of 
opinion and that an immediate appeal may materially advance the termination of 
the litigation.
(E) Transfer of Appeals From Court of Appeals to Circuit Court. If an appeal of right 
within the jurisdiction of the circuit court is filed in the Court of Appeals, the Court 
of Appeals may transfer the appeal to the circuit court, which shall hear the appeal 
as if it had been filed in the circuit court.
(F) Appeals to Court of Appeals on Certification by Probate Court. Instead of 
appealing to the circuit court, a party may appeal directly to the Court of Appeals if 
the probate court certifies that the order involves a controlling question of law as to 
which there is substantial ground for difference of opinion and that an appeal 
directly to the Court of Appeals may materially advance the ultimate termination of 
the litigation. An appeal to the Court of Appeals under this subrule is by leave only 
under the provisions of MCR 7.205. In lieu of granting leave to appeal, the Court of 
Appeals may remand the appeal to the circuit court for consideration as on leave 
granted. 

Rule 5.802 Appellate Procedure; Stays Pending Appeal 
(A) Procedure. Except as modified by this subchapter, chapter 7 of these rules 
governs appeals from the probate court.
(B) Record.
(1) An appeal from the probate court is on the papers filed and a written 
transcript of the proceedings in the probate court or on a record settled and 
agreed to by the parties and approved by the court.
(2) The probate register may transmit certified copies of the necessary 
documents and papers in the file if the original papers are needed for further 
proceedings in the probate court. The parties shall not be required to pay for 
the copies as costs or otherwise.
(C) Stays Pending Appeals. An order removing a fiduciary; appointing a special 
personal representative or a special fiduciary; granting a new trial or rehearing; 
granting an allowance to the spouse or children of a decedent; granting permission 
to sue on a fiduciary's bond; or suspending a fiduciary and appointing a special 
fiduciary, is not stayed pending appeal unless ordered by the court on motion for 
good cause.

Subchapter 5.900 Proceedings Involving Juveniles
Rule 5.900 Note:
Subchapter 5.900 was deleted effective May 1, 2003, and many of its provisions 
relocated to subchapter 3.900.