Darren Findling of The Probate Pro discusses the process of requesting supervised administration during the probate process with a Petition for Supervised 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 petition for supervision after a previous adjudication. Hi, I’m Darren Findling of The Probate Pro and we're going to examine SCAO form pc560 SCAO for state court administrative office pc for probate court form 560. this particular form this petition is used during the probate process in a very narrow context usually the determination of whether an estate is going to be supervised or unsupervised occurs at the at the first petition for probate so at that hearing the court may determine that supervision is needed maybe because the will has required it or an interested person has demanded it this petition and this form is used after there's already been an adjudication so during the probate process there's a request for supervised administration by an interested person for a particular purpose and it's being done after there's already been an adjudication that's why it has that long title to the form with all of these SCAO forms they're guided or created by various statutes and or court rules in this case mcl the Michigan compiled law 700.3502 and the court rule MCR 5.310 the court rule MCR 5.310 provides that a determination of supervision or the request for supervision in a deceit in the state may be made in the petition for formal testacy so in the original petition requesting that the estate be open for the court to determine whether there's a will or intestacy and for the appointment of the personal representative that's when the request can be made but it can also be made afterwards and that's really what gives rise to this particular petition at any time during the estate in administrative proceedings if destiny has not previously been adjudicated now if testacy meaning the admission of a will and appointment had been previously adjudicated then this petition would be used at any time during the administration of the estate now the court must always determine errors if they hadn't previously been determined in any of these proceedings in which there's a request for supervision a little bit odd a little bit clunky as to this particular use of form but it does have a particular use and purpose and it really gives a voice to somebody within an estate maybe a creditor or a errant law or a devotee to come forth before the court and say court I’d like these proceedings to be supervised now why do we care about supervision why is supervision important well if it's supervised each step in the personal representatives role and duties through the estate administration are now supervised by the court and it is generally required that each step requires a petition for approval so for example the sale of real estate and accounting the formal closing of the probate estate each of these steps require a petition in an unsupervised administration or with no restrictions on the letters of authority and with an informal administration many of these things can be done without involving the court so you get greater accountability greater supervision let's work our way through this particular form at the top is the county and the case number and then of course the estate name the name of the deceased estate the person making the petition and their connection to the petition they're standing are you the spouse a creditor a child an heir a devotee etc. now section two provides that the administration of the estate is pending before the court because this is to show that this petition is not your initial petition to create uh administration to create the opening of the estate the appointment of a personal representative or to begin the process but rather administration's already pending before the court section three provides also to what we spoke about a little bit earlier testacy meaning the admission of the will whether there's a will or no will of the decedent and priority and qualification of and the name of the personal representatives has