Rule 5.308 Formal Proceedings

(A) Accounts. Any account filed with the court must be in the form required by MCR 5.310(C)(2)(c).

(B) Determination of Heirs.

(1) Determination During Estate Administration. Every petition for formal probate of a will or for adjudication of intestacy shall include a request for a determination of heirs unless heirs were previously determined. Determination of heirs is also required whenever supervised administration is requested. No other petition for a formal proceeding, including a petition to appoint a personal representative which does not request formal probate of a will or adjudication of intestacy, need contain a request for determination of heirs. The personal representative or an interested person may at any time file a petition for determination of heirs. Heirs may only be determined in a formal hearing.

(2) Determination Without Estate Administration.

(a) Petition and Testimony Form. Any person may initiate a formal proceeding to determine intestacy and heirs without appointment of a personal representative by filing a petition and a sworn testimony form, executed before a person authorized to administer oaths, sufficient to establish the domicile of the decedent at the time of death and the identity of the interested persons.

(b) Notice, Publication. The petitioner must serve notice of hearing on all interested persons. If an interested person's address or whereabouts is not known, the petitioner shall serve notice on that person by publication as provided in MCR 5.105(A)(3). The court may require other publication if it deems necessary.

(c) Order. If notice and proofs are sufficient, the court must enter an order determining the date of death, the domicile of the decedent at the time of death, whether the decedent died intestate, and the names of the heirs.

(d) Closing File. If there are no further requests for relief and no appeal, the court may close its file.