Darren Findling of The Probate Pro discusses the preparation, presentation and/or filing of the Probate Court Inventory.
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It's time to get that inventory over to the probate court. Hi I'm Darren Findling of The Probate Pro and let's examine the inventory in a deceased probate estate we're going to explain how to complete it what information needs to be included on it how to get it over to the probate court and how to get access to the form itself let's get right at it the inventory is a form a state court administrative order form a scale form as referenced in the bottom left corner with the yellow arrow it is a form that is scale form pc577 this form is not the same form that's used in a guardianship or conservatorship context that's a different scale form this form is used only in a deceased probate estate now with all of the scale forms they are readily available you're welcome to contact my office we'd be happy to provide it free of charge it's also available on my website and this particular form was recently updated and if you look at the rev date at the bottom left corner where that yellow arrow is it says revised in september of 2020. it was supposed to be mandatory in july 1 of 2021 but that most of the courts are allowing these forms to still be used up through 2021 but we strongly urge you to use the most current forms because we've even filed some of the older forms that were signed earlier and some of the courts are rejecting it so use the most up-to-date form and this particular video is being done because i have done videos on this particular subject with the most up-to-date revised form through september of 2020 with all of the state court administrative order forms they are created by various statutes and court rules and here you'll see mcl 700.3706 3707 and then the michigan court rule mcr 5.307 and 5.310 and 5.409 b that's a lot so when you see core rules and statutes as a layperson trying to navigate through this it really is a time for me to say to you please use a lawyer work with a skilled competent probate practitioner who knows how to navigate through this particular area the probate administration is not simple it's not intuitive there's no guidebook in fact the entire statute book of epic with the court rules is really a lifelong learning i i go to it almost daily to try to understand some of the nuances of it but we're going to give you a really good firm a really good understanding of the inventory and how to fill this particular form out let's get right at it in the top left corner is the county it's the county in which this probate proceeding is occurring in in michigan now remember this inventory is required to be presented or filed to the probate court within 91 days after the appointment of the personal representative what do we mean by that presented or filed well you have every right to file it which means you're making it of public record within a probate estate but you can also present it to the probate court the rules provide that as long as the estate is not a supervised administration that the inventory itself is a private document and that the probate court's involvement in the inventory is simply to review it for purposes of determining the gross inventory fee that has to be paid to the probate court which is kind of like a tax that's being paid based on the valuation as set forth on the inventory this causes a lot of confusion because people think oh i have to file that inventory with the court well no in an unsupervised state you know assuming that there's no court order that mandates the filing the inventory can simply be presented to the court the court reviews it to make sure it's filled out correctly and that it contains all the requisite information for the court to determine the inventory fee that has to be paid when
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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.
16 июл 2021
