Darren Findling of The Probate Pro discusses the use of the Acceptance of Appointment as the document to qualify as a guardian, conservator, personal representative or trustee.
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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.
The Acceptance of Appointment. Hi, I'm Darren Findling of The Probate Pro. And, we're going to cover a form called the acceptance of appointment this form is SCAO form state court administrative order form pc571 you can see the number of the form at the bottom left corner of any of the scale forms the pc stands for probate court and 571 is simply the number assigned to it the acceptance of appointment form is a versatile form it's used in a variety of different types of files guardianship conservatorship probate estates trust administrations so this form is guided or is created by various statutes and court rules now if you look at the floating arrow at the bottom right of the screen you'll see the various statutes and court rules that give rise to this particular document let's examine each of those statutes and court rules that are applicable mcl 700.3601 is the general statute that talks about before receiving a letter of authority in a deceased probate estate so this is a probate administration the personal representative that has been nominated or appointed by the court will qualify by filing of an acceptance of appointment this is the document that's used to do so in addition the personal representative can exclude from the scope of their role to administer certain assets so for example if there are assets that are part of the deceased estate that are for example very risky to be administering you can exclude the scope of your role as it relates to those particular assets now the statute 700.3601 is quite extensive I’ve only scratched the surface of it the next statute referenced is mcl 700.3602 and this is a common theme with this acceptance of appointment document when you as the fiduciary that has been nominated sign it and file it with the court and then obtain your letters of authority whether it's in a deceased estate guardianship or conservatorship you are then consenting to the jurisdiction of the court so imagine you've been appointed maybe in a will or you've been appointed or nominated through a proceeding this document says I accept I am filing the document to accept my appointment I will take on the role as fiduciary I’m obligated to follow all of the statutes and court rules that are related to my duties and responsibilities and I consent to the jurisdiction of the probate court involving affairs that relate to the estate so 700.3602 addresses that issue the next three statutes relate to guardianship proceedings these are statutes mcl 700.5214 mcl 700.5301 and mcl 500 or 700.5307 again similarly if you're nominated as the guardian whether it be in a will or through a probate court proceeding you sign this document before you get your letters of guardianship and you consent to the jurisdiction of the probate court statute mcl 700.541 is a similar statute but it relates to conservatorship remember guardianship for care conservatorship for finances so the conservator is accepting the appointment has a right to exclude assets from the representation or their responsibility and consents to the court's jurisdiction the statute mcl 700.7202 relates to revocable trusts or trust administrations in which it's being supervised by the court again the acceptance of appointment confirms the appointment says that they agreed to consent to the jurisdiction of the court as it relates also to the court rule that's mentioned here MCR 5.5 again in trust proceedings that are under the court's jurisdiction that is the process for the appointment now remember there could be other requirements outside in each of those various estates for the qualification of a personal representative a guardian conservator or so on so the court may require other things besides this document for example the most common additional document that's required before you can qualify and obtain your letters of guardianship
10 сен 2024
