Testimony to Identify Heirs

Описание: To being the probate process, Michigan requires the filing of a Petition for Probate or Application for Probate. With those filings, a Testimony to Identify Heirs is required. Darren Findling of The Probate Pro explains how to complete the probate file.
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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.

When a Petition for Probate or an Application for Probate is going to be filed, one of the required forms is SCAO PC565. That is a Testimony to Identify Heirs. This form is the form that identifies how everyone is related to the decedent, essentially a description of the family tree. Where the center point is the person that died and how everyone is related to that individual. PC565 the SCAO Testimony to Identify Heirs is completed and attached with the petition for probate or application for probate and it's generally signed and completed by the person that's the petitioner of the applicant in the other document. But, it's not a requirement. What that means is that one person could sign the petition and another could fill out the testimony. The form itself requires you to identify the county in which the probate is being commenced as well as the case number the next section identifies the name of the estate this will be consistent with what is listed in the application for probate or in the petition for probate the next section identifies who the person is that's completing their form this form as well as the address and how they're related it could be a friend family member and so on in addition to some of the pertinent regarding death this is really repetitive because the same requested information is included in the petition and the application for probate the next section is important to understand Michigan has a hundred and twenty hour rule which means that if somebody fails to survive the decedent by a hundred and twenty hours which is five days they are presumed to have pre deceased each other it's really an important consideration here and the idea here is that for example if a person dies with a spouse and they die within a few days of each other within the hundred and twenty two hour rule then they are not of that person's estate they're both considered to a pre deceased each other for more explanation about 120 our roll call my office and happy to explain it can get a little complicated and confusing when somebody has died within that hundred and twenty hours the next section is an identification really if you imagine a family tree we start with spouse if there was a surviving spouse and then we go to children spouse and children are the first thing that we identify in addition there's a place here to identify if any of the children are no longer heirs to adoption out meaning they've been adopted out and if you are not a child of the surviving spouse because Michigan's intestacy statute the statute that governs when somebody dies without a will differentiates between certain rights for what their allocation is based on whether they are a child of the surviving spouse or not so that's why the reform requires an explanation here now with each part of this form you'll see that there's like a hard line afterwards and then it says answer the next question only if a certain other question was completed so first we're looking for spouse and children the next section says if there are children listed above did any of them pre deceased died before the decedent and if they did who are their surviving lineage and we're talking about lineal ascendance going down so for example if there's a child that pre decease we're not looking for their spouse we're looking for the grandchildren of the decedent and again the same permission hold if those people are no longer errors because of adoption out again the next section only gets completed if there are no surviving there is no surviving spouse and no surviving children then we