Darren Findling of The Probate Pro discusses the use of the Renunciation of Right to Appointment of a personal representative in an informal probate administration.
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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 Renunciation. What is a renunciation and when do you use it? Hi, I’m Darren Findling of the robate Pro and we're going to examine state court administrative order form pc567. PC for probate court SCAO is the short term for state court administrative order now this form is used in a very particular context it's used in an informal administration when you're seeking the appointment of a personal representative by application for informal probate that process I’ve covered in a separate video and with all of these scale forms you're welcome to contact my office we'd be happy to give you one free of charge we're going to walk our way through this form to understand when it's used and how you use it with all of the scale forms they are guided and created by various statutes or court rules and as you can see from the hovering arrow in the bottom right corner the two statutes here 700.3203 and mcl 700.3310 are the statutes that give rise to this particular uh pleading now again through probate as you're navigating your way through probate we strongly urge you to be working with a skilled competent probate practitioner to understand how you navigate through the probate process probate is complicated it's not intuitive there are steps that you wouldn't even think are required and it's critical to be able to be assured that you perform your responsibilities correctly so work with a skilled competent probate lawyer now this form is used with an application for informal probate and often people confuse the waiver and consent form another form I’ve described in a video with the renunciation form they're different the waiver and consent is used for other purposes the renunciation is used in the informal context for the application for informal probate top left corner in the blue rectangle you'll see you'll identify the county upon which the probate matter is proceeding and in the top right corner the file number now often when you're filling out this form you don't even have a case number yet because usually you're attaching it to the application that's going to get filed and as you can see from the name of it it's a renunciation of a right to appointment the nomination of a personal representative and a waiver of that notice top part identifying the name of the estate the I section is who is signing the document so in this context under Michigan’s statute there is a pecking order of priority for the appointment of a personal representative so if you have either an equal or higher right to appointment of a personal representative you would identify yourself and you're saying to the court I have a right to serve as personal representative either equal or higher but I’m renouncing it I’m giving up that right to serve in that role so before you sign this form really think about do you want to give up that right do you trust the person upon which you're giving that right up to effectively perform their role as personal representative through this probate process the next section are various check boxes it's a renunciation of that right you have the right to nominate so in certain circumstances if you're identified with a high priority you can actually give that right to another person and you can identify who you want to give that right to you also can say well I have a right to do it but I don't want to give that right to another person I’m simply renouncing my right to nominate another qualified person to act as the personal representative in the deceased estate and then fourth is the waiver of the notice of the appointment again an area for the signature an area for an attorney if there's an attorney involved that's representing you as the person that's renouncing the right to serve as personal representative this form pretty straightforward on how to fill it out but it's confusing
29 ноя 2020
