Darren Findling of The Probate Pro addresses the Demand for Notice Probate Process.

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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.

Have you been kept in the dark after somebody has died, unable to know what's going on in their probate estate. Hi, I’m Darren Findling of The Probate Pro and we're going to cover what rights you have as a person or a business to get notice of information that's going on in a probate estate now there are two different types of scenarios here one scenario would be that you are already named in a probate estate as a devotee of a will or an interested person by virtue of Michigan’s intestacy laws those are the laws when there is no will you're a family member and you've been notified of the probate estate and the personal representative is simply keeping you in the dark not giving you enough information there are processes to ensure that the personal representative performs that role either requesting supervision or getting a court to intervene to force or compel the personal representative to perform their role or simply to have them removed this particular process the demand for notice doesn't really apply to those circumstances but rather circumstances when you're not a debate when you're not a personal representative but you may have some other interest in relation to that particular decedent's estate for example your old Ch your own child support by somebody within the probate estate you're a creditor within that estate and you want to ensure that you're provided notice of what's going on or maybe you have a pecuniary interest an interest in something that is shared within that probate estate and you want to be kept abreast of the proceedings that are going on now first of all the filings that occur within a probate estate are public record except the inventory which may simply be presented and not filed but there is a process under mission SCAO scao that state court administrative office form pc555 that's shown here and that process allows you to file this particular form and then be entitled to notice of all orders in all filings that have occurred within that probate proceeding the beauty of this particular form is that even if the probate estate has not yet been opened up so for example you learn that somebody has died and you want to make certain that when that probate estate does get filed that you're entitled to notice of that filing so you can even file it well before the probate estate petition or application has been submitted to the probate court to give you and tip you off of the filing of that estate now as I’ve reflected here with that yellow arrow there are particular statutes and court rules that govern this particular uh form and those are mcl 700.3205 and two court rules MCR 5.125 a 7 and MCR 5.126 what mcl 700.3205 provides is that you have this right to file that demand for notice this is the statute that gives the person the right to actually submit that now after you file that there is actually a an opportunity for those people within the probate estate or the personal representative to actually say no you're not entitled to notice so there is a process to object to that demand for notice MCR 5.125 that court rule specifically provides that once the demand for notice is in place and is in place and not objected to the personal representative and all people filing within that particular matter have got to give notice to the person that's filed in demand for notice MCR 5.12 provides it's a court rule that provides for additional instruction as it relates to this and provides that the demand for notice is valid for three years from the date it's filed to the date that it is expired in addition it provides for the process for the personal representative to object as well as for the person that's providing the demand for notice to withdraw the demand at a later date now the court can make a determination that the person filing this is an intervener that has no right to receive information out of the probate estate and the court can strike that demand for notice let's walk our way through this particular