Estate Administration Worksheet

Estate Administration Worksheet

Please complete this worksheet to start probate or trust administration for a deceased person's estate.
Name of Person Completing this Form
Email Address
Phone Number
Administration Notes
Issues to review for pleadings or estate administration
Type of Administration

This answer will show relevant fields in the worksheet.
Type of Administration
Section 1: Decedent Information

Please identify the deceased person whose estate is being administered.
Name of Decedent
Full legal name of decedent
Decedent's Gender (Gender)

(1) Male(2) Female
Last Permanent Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
County of Residence
Date of Death

MonthDayYear
Date
Time of Death
Date of Birth

MonthDayYear
Date
Last 4 of SSN (SSN(4))
Section 2: Fiduciary Information

A “fiduciary” is a person who will be appointed to act on behalf of the Decedent's estate. A fiduciary may be referred to as a “trustee”, an "executor", or a "personal representative". Identify the person or persons who will act on behalf of the Decedent's estate.
Name of Fiduciary
Full legal name of fiduciary
Address

Street Address

Street Address Line 2

CityState

Zip Code
Phone
E-mail
Date of Birth

MonthDayYear
Date
Fiduciary1 SSN (no data entry)
Last 4 of Fid1 SSN (Fid1 SSN(4))
Will a second person be appointed as a co-fiduciary?

YesNo
Name of Co-Fiduciary
Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Phone
E-mail
Date of Birth

MonthDayYear
Date
Last 4 of Fiduciary2 SSN (Fid2 SSN(4))
Appointment of Personal Representative

The Fiduciary must be an interested person and have priority for appointment.
How is the Fiduciary related to the decedent? (Relationship)
The applicant or petitioner for probate MUST be an interested person (EPIC 3204(2) and 3308)).
Who may commence probate proceedings?: The applicant or petitioner for probate must be an "interested person". An interested person is any of the following:
- Heir;
- Devisee;
- Child;
- Spouse;
- Creditor;
- Beneficiary of the decedent;
- Person that has a property right in or claim against the estate;
- Person that has statutory priority for appointment as PR (but not solely by nomination);
- Incumbent fiduciary;
- Fiduciary representing an interested person.
Reference: EPIC 1105, 3301(1), 3401(1); MCR 5.125
Who will be the applicant or petitioner for probate? (no data entry)
Name, address and phone number of applicant or petitioner
How is the applicant or petitioner related to the decedent? (Relationship)
How does the Fiduciary have priority for appointment as PR? (Priority1)
You MUST file a FORMAL petition if the person seeking appointment as PR does not have statutory priority for appointment (EPIC 3204(2)).
Who has statutory priority for appointment? Per EPIC 3203(1), persons have priority for appointment as PR in the following order:
1. Nominated by decedent's will
2. Decedent's spouse, if the spouse is a devisee
3. Other devisees
4. Decedent's spouse, if not a devisee
5. Other heirs
6. 42 days after decedent's DOD, the nominee of a creditor if the court finds the nominee suitable
Who may nominate a person to serve as PR? A person who has priority for appointment as PR may nominate a "qualified" person to act as personal representative. A person is "qualified" to serve as a personal representative if they are over the age of 18 AND the court finds them to be suitable in formal proceedings (EPIC 3204(3)). A person may waive appointment and/or renounce his or her right to nominate a PR by filing a written notice with the court (EPIC 3203(3)).
How does the Fiduciary have the HIGHEST priority for appointment as PR? (Priority2)
You MUST file a FORMAL petition if the person seeking appointment as PR does not have the HIGHEST priority for appointment (EPIC 3204(2)).
Who has statutory priority for appointment? Per EPIC 3203(1), persons have priority for appointment as PR in the following order:
1. Nominated by decedent's will
2. Decedent's spouse, if the spouse is a devisee
3. Other devisees
4. Decedent's spouse, if not a devisee
5. Other heirs
6. 42 days after decedent's DOD, the nominee of a creditor if the court finds the nominee suitable
How does a person qualify as PR without the highest priority? If the person seeking appointment does NOT have the highest priority, then the person must:
- Obtain a renunciation/nomination from each person who has equal or higher priority to appointment (EPIC 3203(3)); OR,
- Give notice of the applicant's intent to seek informal appointment to each person having a prior or equal right to an appointment (EPIC 3308(f) and 3310), OR,
- File a petition for formal appointment (EPIC 3204(2)).
What if two people share priority for appointment? If 2 or more more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment (EPIC 3203(3)).
Persons who have equal or higher priority as the Fiduciary to act as PR (PR1, PR2, PR3, PR4)
Full Name, Address, Phone Number, and Email Address of each person
Section 3: Decedent's Family

Please tell us about the Decedent's family members.
Does the Decedent have a surviving spouse?

YesNo
Decedent's Surviving Spouse
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Does the Decedent have surviving children?

YesNo
Decedent's Living Children
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Does the Decedent have deceased children?

YesNo
Decedent's Deceased Children
Full Name of Deceased Children
Do any of Decedent's deceased children have children?

YesNo
Children of Deceased Children
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Does the Decedent have surviving parents?

YesNo
Surviving Parents
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Does the Decedent have surviving siblings?

YesNo
Surviving Siblings
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Does the Decedent have deceased siblings with living children?

YesNo
Living Children of Deceased Siblings
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Who are the Decedent's closest next of kin?
Full Name, Address, Date of Birth, Email Address, and Last 4 Digits of SSN
Section 4: Decedent's Last Will & Testament

Please provide information about the Decedent's last will & testament, if any.
Are you aware of a last will & testament signed by the Decedent?

YesNo
Date of Last Will

MonthDayYear
Date
Are there any beneficiaries named in the will who are NOT already identified in Section 3 above?

YesNo
Beneficiaries Named in Last Will & Testament
Full Name, Address, Date of Birth, and Last 4 Digits of SSN
Is the original last will & testament in your possession?

YesNo
Do you know who has possession of the original last will & testament?

YesNoMore Info
Michigan law regarding delivery of wills (MCL 700.2516): A custodian of a will or codicil or person having possession or care of a will or codicil shall forward it to the court having jurisdiction with reasonable promptness after the death of the testator either by delivering it personally or by sending it properly addressed by registered mail. A person who neglects to perform this duty without reasonable cause is liable for damages that are sustained by the neglect. A person who willfully refuses or fails to deliver a will or codicil after being ordered by the court in a proceeding brought for the purpose of compelling delivery is guilty of contempt of court and subject to the penalty for contempt.
Person Who Has Possession of Decedent's Will

First NameLast Name
Address of Person Named Above

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Section 5: Decedent's Trust

Please provide information about the Decedent's trust, if any.
Are you aware of a trust signed by the Decedent?

YesNo
Name of Trust
Date of Trust

MonthDayYear
Date
Date of Trust Amendment(s)
Joint Settlor of Trust (Settlor2)
Settlor2 DOD

MonthDayYear
Date
Settlor2 DOB

MonthDayYear
Date
Last Residence of Settlor2 (Settlor2 Add)
Are there any beneficiaries named in the trust who are NOT already identified in Section 3 above?

YesNo
Beneficiaries Named in Trust
Full name and address
Is the original trust in your possession?

YesNo
Do you know who has possession of the original trust?

YesNo
Person Who Has Possession of Decedent's Trust

First NameLast Name
Address of Person Named Above

Street Address

Street Address Line 2

CityState / Province

Postal / Zip Code
Section 6: Decedent's Assets

Please check each type of asset (of which you are aware) that was owned by the Decedent on his or her date of death. This list may be updated later.
Residential Real EstateCommercial Real EstateAgricultural LandRental PropertyVacation Real EstateLand ContractNotes ReceivableBrokerage AccountPublic Stocks (Non-Brokerage)Government BondsTreasury Direct AccountCorporate BondsClosely-Held BusinessBank AccountsCertificates of DepositIRA401(k) or 403(b)Mutual FundsDeferred CompensationWhole Life InsuranceTerm Life InsuranceAnnuitiesEducation AccountMotor VehiclesRecreational VehiclesCollectiblesPersonal PropertyOther
Did the Decedent own any firearms?

YesNo
Section 7: Decedent's Debts

Please check each type of debt (of which you are aware) owed by the Decedent on his or her date of death. This list may be updated later.
Mortgage DebtLand ContractProperty RentLine of CreditMotor Vehicle LoanCredit CardPersonal LoanMedical ExpensesNursing Home ExpensesBusiness LoansProperty TaxesIncome TaxesUtilities (Past Due)Other
Section 8: Questions

Please let us know if you have any questions or concerns about estate administration in this case.
Your comments, questions, or concerns about administration of this estate
Section 9: Document Upload

Please upload a copy of the documents listed below that are in your possession. These documents may be delivered to us later if you prefer.
- Decedent's last will & testament
- Decedent's trust and amendments
- Decedent's death certificate
- Decedent's driver's license
- Invoices for funeral, cremation, or burial services
- Documents to support each asset noted Section 6
- Documents to support each debt noted in Section 7
Upload Documents

Cancelof
Section 10: Qualified Trust Beneficiaries (Trust Admin)

Qualified Trust Beneficiaries (QTB's) must receive notice of trust administration (EPIC 7814(1)).
NEW QTB DEFINITION FOR 2024

Definition of Qualified Trust Beneficiariy (EPIC 7103): "Qualified Trust Beneficiary" (QTB) means either of the following:

(1) A trust beneficiary whom the settlor intends to benefit as a material purpose of the trust and to whom 1 or more of the following apply on the date the trust beneficiary's qualification is determined:

(A) The trust beneficiary is a distributee or permissible distributee of trust income or principal.
(B) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the interests of the distributees under the trust described in sub-subparagraph (A) terminated on that date without causing the trust to terminate.
(C) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

(2) If on the date a trust beneficiary's qualification is determined there is no trust beneficiary described in subparagraph (1), a trust beneficiary to whom 1 or more of the following apply on the date the trust beneficiary's qualification is determined:

(A) The trust beneficiary is a distributee or permissible distributee of trust income or principal.
(B) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the interests of the distributees under the trust described in sub-subparagraph (A) terminated on that date without causing the trust to terminate.
(C) The trust beneficiary would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date.

NEW NOTE: An alternate beneficiary is a QTB. Therefore, notice must be given to the alternate beneficiaries who would be takers if the primary beneficiares were deceased on the date of death, unless the trust provides otherwise. The purpose of the new statute is to eliminate the need to give notice to more remote beneficiaries, including "wipeout" beneficiaries who would take if all the designated beneficiaries are deceased.
Qualified Trust Beneficiaries (no data entry)
Section 11: Interested Persons (Probate)

Interested Persons (IP's) must be notified of probate proceedings.
Who is an Interested Person for Probate? The IP's for a probate proceeding are the decedent's heirs, devisees, nominated PR, and trustee of a revocable trust (MCR 5.125(1) and (2)). A "heir" is a person entitled to receive property by intestate succession (EPIC 1104(p)). Refer to EPIC 2102 and 2103 for those persons entitled receive property by intestate succession. A "devisee" is a person designated in a LWT to receive real or personal property (EPIC 1103(l) and (m)).

Data for Adult Interested Persons: Insert name, address, DOB, relationship (spouse, devisee, child, or heir), and last 4 of SSN for each adult. The DOB and SSN are only used on the Notice to Friend of the Court form. List a surviving spouse as the first interested party (IP1).

Data for Minor Interested Persons. Insert name, address, DOB, relationship (devisee, child, or heir), and last 4 of SSN for each minor. The AGE of a minor must be included on an application or petition for probate, but the minor's DOB is Protected Personal Identifying Information (PPII). Insert the name, DOB and last 4 of SSN for each minor on Form 97a. Add the "Ref. No." from Form 97a to the Application or Petition along with minor's age.
Interested Persons (IP1, IP2, IP3, etc.)
Insert name, address, relationship (spouse, child, devisee, or heir), DOB, and last 4 of SSN
Is any interested person a minor? (Minor IP?)

(1) Yes(2) No
A parent MUST file an appearance for the minor. Form PC606 (Appearance of Parent of Minor) will be added to the pleadings. No data entry for the following fields. Add data directly to form.
Name and Address of Parent (no data entry)
Name and Age of Minors (no data entry)
Does the parent have a personal interest in the estate that is in conflict with the minor? (no data entry)

YesNoMore Info
Form PC606 requires the parent to represent whether he or she has an interest in the estate that is in conflict with the minor's interest. A conflict may exist, for example, if the parent makes a spousal election, claims an allowance, or disclaims an interest on behalf of the minor which would enhance the parent's interest in the estate to the detriment of the minor.
Describe the nature of the conflict of interest (no data entry)
Section 12: Persons Entitled to Notice (All Estates)

This section identifies who must receive notice of estate administration. The names in this data field will be added to the letters which are sent to persons entitled to receive notice of the proceedings.
Data for Probate Proceedings Only: Add the first and last name of each Interested Person.

Data for Trust Administration Only: Add the first and last name of each Qualified Trust Beneficiary.

Data for Combined Administration: Add the first and last name of each Interested Person and Qualified Trust Beneficiary.

Do NOT include the name of the personal representative or trustee.
Admin Notice
First and Last name of all persons entitled to notice of estate administration
Are you going to request an "authorization for electronic service" from any person entitled to notice? (Elec Service?)

(1) Yes(2) No
How many persons will receive a request for electronic service? (8 maximum) (Elec Service#)
Enter a number up to 8 maximum
Section 13: Probate Court (All Estates)

Enter court data for all types of probate or in-court trust proceedings.
Are probate proceedings or in-court trust proceedings required in this case?

YesNoMore Info About Venue
Venue for Probate Proceedings (EPIC 3201): Venue for testacy or appointment proceedings is 1 of the following:
- (a) The county where the decedent was domiciled at the time of death.
- (b) If the decedent was not domiciled in this state, in a county where property of the decedent was located at the time of death.
Venue for Trust Proceedings (EPIC 7204): Venue for a proceeding involving a trust is as follows:
- (a) For a proceeding under section 7203 involving a registered trust, in the place of registration.
- (b) For a proceeding under section 7203 involving a trust not registered in this state, in any place where the trust properly could be registered and, if the trust is created by will, in the county in which the decedent's estate is being administered.
County for Court Proceedings (Probate County, Court Street, Court City, Court Zip, Court Phone)
Other County for Court Proceedings (Probate County, Court Street, Court City, Court Zip, Court Phone)
Filing Fee
Probate court filing fee
LOA Number
Number of LOA requested
Is this case being filed in Wayne County? (Wayne?)

(1) Yes(2) No
Section 14: Petition and Order for Assignment

If the estate qualifies to use a Petition and Order for Assignment, then a personal representative is not appointed, and notice to creditors is not required. The probate register issues an order for immediate distribution of estate property (EPIC 3982).
Does the Estate qualify for petition and order for assignment? (if yes, select "Petition and Order for Assignment" in Section 23)

YesNoMore Info About Petition & Order
Cost of Living Adjustments: The amounts below are updated for 2024 (Link to EPIC COLA).

Qualification for Petiton & Order: A Petition and Order for Assignment may be used if the decedent's property is worth less than $50,000 after payment of burial expenses and deduction of mortgage liens on real estate. For example, if funeral and burial expenses were $7,000, then the maximum amount of property that could be transferred using a Petition and Order for Assignment is $57,000 ($50,000 + $7,000).

Who May File: Any interested person.

Payment of Claims: The decedent's assets must be used to reimburse a person who paid for his or her funeral expenses. In addition, the decedent's property is subject to creditor's claims for up to 63 days after issuance of the court order. A notice to creditors or accounting is not required.

Who May Inherit Property: A suriviving spouse, or if there is none, then the decedent's heirs.

Data Entry: Complete the following sections of this worksheet for data entry:
- Section 1 - Decedent Information
- Section 2 - Fiduciary Information
- Section 3 - Decedent's Family
- Section 11 - Interested Persons
- Section 12 - Admin Notice
- Section 13 - Probate Court
- Section 23 - Type of Administration
Documents to File: File the following documents with Probate Court:
- Petition and Order for Assignment (PC 556)
- PPII (PC 97)
- Death Certificate
- Invoices for funeral expenses (must show amount paid and the person who paid it)
- Filing fee of $25.00
- Certified order fee of $12.00
- Inventory fee (inventory fee calculator)
Section 15: Summary Probate Proceedings

If the estate qualifies for summary administrative proceedings, the PR may immediately distribute the estate without publication of notice to creditors (EPIC 3987 and 3988).
Does the Estate qualify for summary proceedings? (if yes, select "Summary Probate" in Section 23)

YesNoMore Info About Summary Probate
Qualification for Summary Proceedings: An estate qualifies for summary proceedings if the inventory value of the estate (less liens and encumbrances) is less than the total allowances, administrative costs, funeral expenses, and reasonable medical expenses of the decedent's last illness. See Section 20 for statutory allowances.

Payment of Claims: Claims should be paid in the following order of priority (EPIC 3805): 1) expenses of administration; 2) funeral and burial expenses; 3) homestead allowance; 4) family allowance; 5) exempt property allowance; 6) debts and taxes under federal law; 7) reasonable and necessary expenses of decedent's last illness.

Procedure for Summary Proceedings: Summary Proceedings and Informal Probate are the same, except:
1. Do not publish notice to creditors;
2. Distribute the estate immediately to the persons entitled to the property;
3. File a Closing Statement, Summary Proceedings (PC 590) and Certificate of Completion (PC 592); and,
4. Send the Closing Statement to creditors whose valid claims were not paid.
Section 16: Informal Probate Proceedings

If the estate qualifies for informal probate proceedings, then a hearing is not required to admit a will or appoint a PR.
Does the Estate qualify for informal probate? (if yes, select "Informal Probate" in Section 23)

YesNoMore Info About Informal Probate
Qualification for Informal Probate of Will: A probate register may admit a will when (1) the applicant is an interested person; (2) the application is complete; (3) the application was made under oath; (4) venue is proper; (5) an original, properly executed, and unrevoked will is in the register's possession (EPIC 3302 and 3303).

Qualification for Informal Appointment of PR:  A probate register may appoint a PR when (1) the applicant is an interested person; (2) the application is complete; (3) the application was made under oath; (4) venue is proper; and (5) the person seeking appointment has priority for appointment (EPIC 3307 and 3308).

Who May File:  An interested person MUST sign the petition.

Who is an Interested Person?:  "Interested person" is limited to the following: an incumbent fiduciary; an heir, devisee, child, spouse, creditor, or beneficiary of the decedent; any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that has priority for appointment as personal representative (but not solely by renunciation or nomination); and a fiduciary representing an interested person (EPIC 1105).
Section 17: Formal Probate Proceedings

If formal proceedings are required, then a hearing must be scheduled to admit will, appoint a PR, and determine heirs.
Is formal probate required? (if yes, select "Formal Probate" in Section 23)

YesNoMore Info About Formal Prbate
Purpose of Formal Probate: Formal probate is litigation to determine whether a decedent left a valid will (EPIC 3401). Formal proceedings are required when informal probate is not available (EPIC 3305).

Notice Requirements. A hearing is required. Notice must be served on: (1) the decedent's heirs; (2) the devisees and PR named in a will; (3) a PR whose appointment has not been terminated; (4) a person who has filed a demand for notice; and (5) the trustee of decedent's trust.

Who May File: Any interested person (see Section 16 for definition) or any person that has a right that cannot be enforced without administration may file a petition (EPIC 3401(1) and 3414(1)). An interested person MUST sign the petition.

Proofs in Uncontested Cases: See EPIC 3405 and 3407.

Lost Will: If an original will cannot be located, a presumption arises that the decedent revoked the will prior to his or her death. The petitioner must overcome this presumption.
Section 18: Spousal Election (Probate)

A surviving spouse must be notified of his or her right to elect a share of the probate estate.
Is there a surviving spouse? (Spouse Living?)

(1) Yes(2) NoMore Info About Spousal Election
Elective Share: Every surviving spouse must be notified of his or her rights to receive a share of the deceased spouse's estate (EPIC 2204).

A spouse may elect the following shares:
- Testate Estate: (1) to abide by the terms of the will; or (2) to take 1/2 of his or her intestate share, reduced by 1/2 of the value of all "property derived by the spouse from the decedent" by any means other than testate or intestate succession upon his/her death.
- Intestate Estate: to take the intestate share.
Intestate Share: See Section 19 to calculate the intestate share.

Definition of "Property Derived by the Spouse from Decedent": (1) A transfer made within 2 years before the decedent's death to the extent that the transfer is subject to federal gift or estate taxes; (2) A transfer made before the date of death subject to a power retained by the decedent that would make the property, or a portion of the property, subject to federal estate tax; and (3) A transfer effectuated by the decedent's death through joint ownership, tenancy by the entireties, insurance beneficiary, or similar means (EPIC 2202(7)).

How to Make the Election: Form PC 581 (Notice of Rights of Election) must be served on the surviving spouse (MCR 5.305(A)). Proof of service does NOT need to be filed with the court (MCR 5.305(B)). By selecting "YES" to the question above (Spouse Living?), Form PC 581 will be added to the administration documents.

When to Make the Election. The spouse must make an election within 63 days after the date for presentment of claims, or within 63 days after service of inventory, whichever is later (EPIC 2202(3)).

Failure to Make Election: If the spouse fails to make an election, it is conclusively presumed that he or she elects the intestate share or to abide by the terms of the will. The spouse may file a petition to overcome this presumption (EPIC 2203).

Allowances. A spouse may receive allowances in addition to his or her elective share (EPIC 2402 to 2405). If the probate estate is not sufficient to pay allowances, then the decedent's revocable trust estate is liable for allowances (EPIC 7605(c)).
Section 19: Intestate Succession (Probate)

If the decedent died intestate, a surviving spouse and heirs are entitled to statutory shares of the probate estate (EPIC 2102 and 2103).
Did the decedent die intestate? (Intestate?)

(1) Yes(2) NoMore Info About Intestate Shares
Cost of Living Adjustments: The amounts below are updated for 2024 (Link to EPIC COLA).

Share of Spouse (EPIC 2102): The intestate share of a decedent's surviving spouse is 1 of the following:
- (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent.
- (b) The first $285,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
- (c) The first $285,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
- (d) The first $285,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent.
- (e) The first $285,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse.
- (f) The first $190,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.
Share of Heirs Other than Spouse (EPIC 2103): Any part of the intestate estate that does not pass to the decedent's surviving spouse passes in the following order to those individuals who survive the decedent:
- (a) The decedent's descendants by representation.
- (b) The decedent's parents equally if both survive or to the surviving parent.
- (c) The descendants of the decedent's parents or of either of them by representation.
- (d) 1/2 to the decedent's paternal grandparents, or to the descendants of paternal grandparents; and 1/2 to the decedent's maternal grandparents, or to the descendants of maternal grandparents.
Section 20: Allowances (All Estates)

A spouse or child of the decedent may claim statutory allowances from a probate estate or trust estate.
Should the spouse or children claim allowances? (Allowances?)

(1) Yes(2) NoMore Info About Allowances
Cost of Living Adjustments: The amounts below are updated for 2024 (Link to EPIC COLA).

Qualification for Allowances. Statutory allowances are payable to the spouse or children of the decedent. Allowances have priority over all other claims against the estate except expenses of administration and funeral/burial expenses.

Statutory Allowances:
- Homestead Allowance ($28,000): A surviving spouse, or if there is none, then minor and dependent children are entitled to a homestead allowance. The homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by elective share (EPIC 2402).
- Family Allowance (up to $34,000): A surviving spouse, or if there is none, then minor and dependent children, are entitled to a family allowance for their maintenance during the period of administration. The family allowance is not chargeable against a benefit or share passing to the surviving spouse or children by the will of the decedent, unless otherwise provided, by intestate succession, or by way of elective share (EPIC 2403 and 2405).
- Exempt Property Allowance ($19,000): A surviving spouse is entitled to household furniture, automobiles, furnishings, appliances, and personal effects up to $19,000.00 more than the amount of any security interests to which the property is subject. If there is no surviving spouse, the decedent's children (who are not excluded by decedent's will) are entitled jointly to the same value. If there is not $19,000.00 worth of exempt property in the estate, the spouse or children are entitled to other assets to make up the value. The exempt property allowance is in addition to a benefit or share passing to the surviving spouse or children by the decedent's will, unless otherwise provided, by intestate succession, or by elective share (EPIC 2404).
When to Claim Allowances: The spouse or children should consider a claim for allowances whenever: 1) they would receive less than their allowances if all claims against the estate were paid in full; 2) the estate is not sufficient to pay all creditor's claims; or 3) the decedent died testate, but did not leave his or her entire estate to the spouse or children.

How to Claim Allowances: Form PC 582 (Selection of Allowances) is used to claim allowances. By answering YES to the question above (Allowances?), Form PC 582 will be added to the pleadings.

Time to Claim Allowances: Allowances must be claimed within 4 months "after the claim arises", or within 4 months of publication of notice to creditors, whichever is later (EPIC 3803(2)(b)).

Payment. Allowance are paid from the probate estate (EPIC 3805), or if it is not sufficient to do so, then the decedent's trust is liable for payment (EPIC 7605(c)). However, if a personal representative is not appointed for the settlor's estate within 4 months after the date of the publication of notice to creditors, a trust is not liable for payment of allowances (EPIC 7606(1)).
Section 21: Notice to Creditors (All Estates)

Determine whether notice must be published or sent to known creditors.
Publish Notice to Creditors? (Publish Notice?)

(1) Yes(2) NoMore Info About Notice to Creditors
Notice to Creditors Required: A personal representative or trustee must publish notice to creditors and send a similar notice to each known creditor (EPIC 3801 and 7608), unless notice is not required.

Notice to Creditors NOT Required: Notice to creditors is not required in any of the following situations (MCR 5.208(D)):
- The decedent or settlor died more than 3 years ago;
- Probate administration by Summary Proceedings or Petition and Order for Assignment;
- Probate administration in which the estate has no assets;
- Trust administration in which the costs of administration equal or exceed the value of the trust estate; or
- Notice need not be given to a known creditor whose claim has been presented or paid.
Who is a "Known" Creditor: A fiduciary "knows" a creditor exists if he or she has actual notice of the creditor's existence, or if it is reasonably ascertainable based on an investigation of the decedent's records for the 2 years immediately preceding death and mail following death (EPIC 3801(1)).

Where to Publish: List of Newspapers in Michigan
Newspaper for Publication (Newspaper)
Email of Newspaper (no data entry)
Other Newspaper for Publication (Newspaper)
Email of Other Newspaper (no data entry)
Name and address of known creditors to receive a copy of the notice to creditors (no data entry)
Section 22: Estate Distribution (All Estates)

Identify the persons who will receive a distribution from the estate, and their respective shares.
How will the Decedent's estate be distributed? (no data entry)
Section 23: Pleadings & Letters (All Estates)

Select the type of administration for pleadings and letters.
Admin Type

(1) Petition and Order for Assignment(2) Summary Probate Proceedings(3) Informal Probate Proceedings(4) Formal Probate Proceedings(5) Petition & Order for Assignment and Trust Administration(6) Summary Probate and Trust Administration(7) Informal Probate and Trust Administration(8) Trust Administration Only
Section 24: Attorney Information
Attorney / P#
Name of attorney & bar number
Atty Gender

(1) Male(2) Female
Atty Addr
Office Address
Atty City
Office city
State+Zip
Office zip
Phone
Office Phone
Atty Email
Attorney Email
Section 25: Notary Information
Notary
Name of notary
Notary Location
County where docs will be signed
Notary County
County where notary commissioned
Notary Acting
County where notary acting
Notary Comm
Date notary commission expires
Instructions to Submit Estate Administration Worksheet
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Estate Administration Worksheet

Administration Notes

Type of Administration

Section 1: Decedent Information

Section 2: Fiduciary Information

Appointment of Personal Representative

Section 3: Decedent's Family

Section 4: Decedent's Last Will & Testament

Section 5: Decedent's Trust

Section 6: Decedent's Assets

Section 7: Decedent's Debts

Section 8: Questions

Section 9: Document Upload

Section 10: Qualified Trust Beneficiaries (Trust Admin)

Section 11: Interested Persons (Probate)

Section 12: Persons Entitled to Notice (All Estates)

Section 13: Probate Court (All Estates)

Section 14: Petition and Order for Assignment

Section 15: Summary Probate Proceedings

Section 16: Informal Probate Proceedings

Section 17: Formal Probate Proceedings

Section 18: Spousal Election (Probate)

Section 19: Intestate Succession (Probate)

Section 20: Allowances (All Estates)

Section 21: Notice to Creditors (All Estates)

Section 22: Estate Distribution (All Estates)

Section 23: Pleadings & Letters (All Estates)

Section 24: Attorney Information

Section 25: Notary Information

Instructions to Submit Estate Administration Worksheet