Petition to Determine Heirs - Separate Proceeding

Описание: Darren Findling of The Probate Pro discusses the separate proceeding process of determining heirs following a death with the form Petition to Determine Heirs - Separate Proceeding.

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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.

A petition to determine heirs. hi I’m Darren Findling of The Probate Pro we're going to examine SCAO form pc 553 SCAO for state court administrative office pc for probate court this is form 553 the petition to determine heirs this is the separate proceeding petition so this is different than the request for the determination of heirs that typically would occur within a petition for probate so let's examine how this form is used in a deceased probate context why you'd file this form with all of these SCAO forms they are guided or created by various statutes and or court rules and in this case mcl Michigan compiled law 700.1302 subsection small a small v and mcl 700.3106 and then a court rule Michigan court rule MCR 5.30 308 b 2. a lot it's a mouthful so in a petition that is filed to commence a probate administration whether you're asking for a will to be admitted or for it to be intestate the court is supposed to determine heirs are a really particular term it's defined under Michigan’s statute the estates and protected individual code and heirs are a defined class of people that are related to the person that died so if a will for example gives everything to a charity the court still has to determine who the heirs are under the statutes and court rule so an error is determined based on the relative relationships of each of the individuals and the Michigan statute actually identifies who is an heir based on the particular circumstances so in a typical petition that's filed before the probate court in which you're asking the court to either admit a will or for there to be no will what we call intestacy there's a requirement under that court rule that you see below here MCR 5.308 b for there to be a determination of error request now you can ask for a determination of heirs even without the probate administration occurring so for example there may be other reasons you want to be determined to be a child for example the deceased after death this process of determining that you're an heir of the person that died would be done in this separate proceeding so this form pc553 is used in that context meaning there isn't an additional probate administration that's going on it is a separate proceeding specifically for the purpose of determining heirs now that first statute that we referenced here mcl 700.1302 a small a small v is the exclusive subject matter jurisdiction statute that says that the probate court has exclusive jurisdiction and I’m going to read it directly to determine a question that arises in the administration or distribution of a trust including a question of construction of a willer trust actually I’m reading the wrong provision here it's actually to ascertain beneficiaries and to determine heirs so that determination of heirs within the probate administration under subsection 700.1302 subsection a and subsection v is for the determination of error so the court has jurisdiction to determine the heirs of somebody that has died top left corner of this form is the county in the top right corner is the file number as we work our way through the document the name of the person that has died is the estate and the person that's making the request of this petition and their status as petitioners so maybe you're the son surviving spouse whatever it may be the date that the person died and the reason it's in testing is if you have filed for test to see which means there is a will you would use the petition for uh probate in a formal probate administration and there'd be a request to determine heirs within that particular pleading so here subsection uh paragraph two says the decedent died intestate meaning without a will the date of death and the residency so again it has to be in the county in which that person died that would be the correct venue and the court of course has jurisdiction if there's no full probate