CLOSING PROCEDURES - DECEDENTS ESTATES

Note:  The Court is prohibited by law (Sec. 1211 of the Estates and Protected Individuals Code [EPIC]) from providing legal advice and completing forms.  This item provides general information concerning the procedures for closing an estate and may be useful as a guide.  If you have any questions, consider contacting an attorney for assistance.

UNSUPERVISED ADMINISTRATION (DE case type)

An estate in unsupervised administration can be closed by filing a “Sworn Statement to Close Unsupervised Administration” (PC 591), or a “Petition for Adjudication of Testacy and Complete Estate Settlement” (PC 594), or a “Petition for Complete Estate Settlement, Testacy Previously Adjudicated” (PC 593). 

1. Sworn Statement to Close Unsupervised Administration

Form Needed: (PC 591), Sworn Statement to Close Unsupervised Administration

Filing Fee - None

 Any estate that is not in supervised administration (DA case type) may be closed by filing a Sworn Statement to Close Unsupervised Administration (PC591).  If no objections are filed within 28 days of submission of the Sworn Statement to the Court, a Certificate of Completion (PC 592) may also be filed, but is not necessary to close the estate. 

The Sworn Statement to Close Unsupervised Administration (PC 591) cannot be filed until at least 5 months after the personal representative has been appointed after all the following has been done:    

• Notice was published and the time for presentation of creditors claims has expired.
• The decedent's estate has been fully administered by making payments, settlement, or other disposition of all claims that were presented, of administration and estate expenses, and of estate, inheritance, and other death taxes, except as specified in the statement, including distribution of the estate property to the persons entitled.

Note: If a claim remains undischarged, the sworn statement must note whether the personal representative distributed the estate subject to possible liability with the distributee's agreement or detail other arrangements that have been made to accommodate outstanding liabilities. 

• A copy of the statement has been sent to all estate distributees and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred.

• A full accounting has been given in writing of the personal representative's administration to the distributees whose interests are affected by the administration.  The account must clearly state the amount paid out of the estate in fiduciary fees, attorney fees and other professional fees. 

Note:  An Inventory (PC 577) must be presented to the Court and the inventory fee calculated and paid before the Sworn Statement to Close Administration (PC 591) can be filed.   

2. Petition for Adjudication of Testacy and Complete Estate Settlement .

Forms Needed:

(PC 594), Petition for Adjudication of Testacy and Complete Estate Settlement

(PC 596), Schedule of Distribution and Payment of Claims

Note: A final Account of Fiduciary (Short Form, PC 583) and Inventory (PC 577)are not required to be filed with the Court as long as the estate is in unsupervised administration (DE case type).    

Note:  An Inventory (PC 577) must be presented to the Court and the inventory fee calculated and paid before the Petition for Adjudication of Testacy and Complete Estate Settlement (PC 594) can be granted.   

Filing Fee - $20.00

A “Petition for Adjudication of Testacy and Complete Estate Settlement” (PC 594) is a formal proceeding to settle all issues in closing an estate.  It can be used:

• In all estates that are in unsupervised administration (DE case type), whether started by informal application or formal petition and
• If formal testacy has not been determined, (i.e., whether the decedent died with or without a will). 

Note: This petition cannot be filed until after the estate’s claims period has passed. 

If you also want an Order of Discharge (PC 597), the following additional forms (and Proof of Service (PC 564) that they were given to all interested persons) must also be filed:

(PC 577), Inventory

(PC 583), Account of Fiduciary, Short Form or

(PC 573), Notice of Appointment and Duties of Personal Representative

(PC 576), Notice Regarding Attorney Fees (if applicable)

(PC 581), Notice to Spouse of Rights of Election and Allowances, Proof of Service, and Election

(PC 587), Notice of Continued Administration (if estate opened more than one year)

Affidavit of any required publications (i.e., claims, etc.)

Tax information concerning inheritance or estate tax

Other papers which the Court may require

After either a Court hearing with proper notice to all interested persons or upon filing Waiver and Consents (PC 561) from all interested persons, the Probate Court may enter an order determining the persons entitled to distribution of the estate under the will, and\or approving settlement, directing or approving estate distribution, and discharging the personal representative.  After the personal representative pays the claims and makes the distributions as listed on the Schedule of Distribution and Payment of Claims (PC 596), the Court will issue an Order of Discharge (PC 597) and close the estate if it is satisfied that the administration is complete. 

3. Petition for Complete Estate Settlement, Testacy Previously Adjudicated

 Forms Needed:

Same as #2 above (Petition for Adjudication of Testacy and Complete Estate Settlement), except use (PC 593) Petition for Complete Estate Settlement, Testacy Previously Adjudicated instead of (PC 594). 

A “Petition for Complete Estate Settlement, Testacy Previously Adjudicated” (PC 593) is a formal proceeding to settle all issues in closing an estate.  It can be used in all estate proceedings, whether they were started by informal application or formal petition, as long as there has been a formal determination of testacy (i.e., whether the decedent died with or without a will) at some point during the estate administration.   

Note: This petition cannot be filed until after the estate’s claims period has passed. 

If you also want an Order of Discharge, the procedures listed in #2 above for getting this item must also be followed. 

SUPERVISED ADMINISTRATION (DA case type)

.An estate in supervised administration must be closed by filing a “Petition and Order for Complete Estate Settlement, Testacy Previously Adjudicated” (PC 593).  Follow the instructions in #3 above. 

.Note: An Inventory (PC 577) and Final Account of Fiduciary (Short, PC 583) must be filed for all estates in supervised administration (DA case type) as part of the closing process.

If you also want an Order of Discharge, the procedures listed in #2 above for getting this item must also be followed. 

Filing Fee - $20.00

1092 Newell St.  PO Box 885
White Cloud, Michigan 49349
Phone: (231) 689-7270     Fax: (231) 689-7276
Email: kerrie@co.newaygo.mi.us