700.3402 Formal testacy or appointment; proceedings; petition; contents.

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Sec. 3402.

(1)A petition for formal probate of a will or for adjudication of intestacy with or without request for appointment of a personal representative must be directed to the court, must request a judicial order after notice and hearing, and must contain the statements required by this section. A petition for formal probate of a will must include all of the following:

(a)A request for an order as to the testacy of the decedent in relation to a particular instrument that may or may not have been informally probated and a request for an order determining the decedent's heirs.

(b)The statements required for an informal application prescribed by section 3301(1)(a) and (b)(ii) and (iii).

(c)A statement as to whether the original of the decedent's last will is in the court's possession or accompanies the petition. If the original will is not in the court's possession or neither the original will nor an authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition must also state the will's contents and shall indicate that the will is lost, destroyed, or otherwise unavailable.

(2)A petition for adjudication of intestacy and appointment of a personal representative in intestacy must include all of the following:

(a)A request for a judicial finding and order that the decedent left no will and determining the heirs.

(b)The statements required by section 3301(1)(a) and (d).

(c)A statement indicating whether supervised administration is sought. A petition under this subsection may request an order determining intestacy and heirs without requesting the appointment of a personal representative, in which case, the statements required by section 3301(1)(d)(ii) may be omitted.

History: 1998, Act 386 , Eff. Apr. 1, 2000

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