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the application to appoint a successor personal representative hi i'm darren fielding of the probate pro and we're going to examine scale form pc620 scale for state court administrative office pc for probate court this form is readily obtainable and you're welcome to contact my office we're happy to provide it to you free of charge the form is used in a particular context when there is a deceased estate being administered and the personal representative has either died is under guardianship or conservatorship is interested in resigning or there's a request for the appointment of a new personal representative to come in to replace the old personal representative so a particular concept context it's used when an estate is not yet closed so if the estate has already been closed and you're reopening it a different scale form is used this is during the administrative process with all of the scale forms they are created because of various statutes and or court rules as you can see from the floating arrow here it is highlighting the various statutes and court rules that give rise to this particular application so again probate administration for a deceased estate this is not for guardianship not for conservatorship for probate estate administration and it is when a new personal representative is sought let's work our way through the form top left corner is the county upon which the probate sits top right corner is the file or case number at the top pretty intuitive here you identify the name of the probate estate and your relationship to the estate so if you're the applicant here making this request you put your name there and you'd identify how you're related to the estate itself so if you're interested as the uh child of the the decedent the surviving spouse the successor personal representative you'd identify it under section one i said your name you'll see where the name comes in a little bit but your relationship to the decedent goes in section one from there again pretty intuitive section two has a little checkbox for a it identifies who you're asking to have removed who was appointed personal representative and then there's a check box if they've died or if they're now subject to a conservatorship and because of that conservatorship the appointment is terminated so of course death or conservatorship here and it asks for a copy of the certificate of death or if there's a conservatorship in place then you'd identify it there and again this could be used also in a guardianship context the person that's under pur that is the personal representative has a particular issue that causes them to go under guardianship or conservatorship section b is checked here if the personal representative that's currently in place is resigning and they've issued or writ executed a written resignation and you're going to either attach it to this particular application or it has already previously been filed with the court so again there's a resignation that isn't a form itself but you can complete a i hereby resign as personal representative and attach it to the petition section three says it's trying to discern if there are any changes from the original application for probate or petition for probate if there's been any changes in the um facts or issues that led to the appointment of the personal representative so you'd identify those there and it asks for an exception for any specifically change or corrected information that you're going to provide to the court so again it has two lines there and it says attach separate paper if necessary so you can really give an additional narrative if necessary section 4 talks about the priority of appointment and in michigan there is a prioritization of who has the right to be appointed personal representative if there's a will of course that testamentary document identifies the nominated personal representative it may have a successor personal representative and successor second successor personal representative if the person died without a will we call that intestate are you the surviving spouse are you a child what is your right under the statute and court rule for that appointment and here's why we speak with when i'm explaining these various scale forms you have to understand these rules these statutes and court rules to understand how to navigate through the probate process so we strongly urge you to be working with a skilled competent probate lawyer to know how to navigate through this process it's not intuitive to navigate through the process there's no guidebook and it's complicated and it gets people into a whole bunch of trouble and with great frustration if you don't have a skilled competent probate lawyer to guide you through the process five is very common on these scale forms it wants to know if there's been any changes in the interested persons as reflected under the corporal mcr 5.125 and statute so if the original information on the original petition or application has people's names and addresses and those names or addresses have changed this is the spot to update that information on the scale form section 6 says it's quite simply there's a request for a successor personal representative to complete the administration so that's there's no checkbox there just simply it is necessary that the successor is needed to conclude the administration of the estate seven talks about a pending appointment of a successor personal representative what we call a special personal representative while this application is pending before the court it's not always used here because very often if you're using the application for the appointment of a successor it gets granted quite quickly so and sometimes if there's a delay you may need a special personal representative to handle particular affairs while this application is pending before the court now here's the request part this is what you're asking of the court there's some repetition here you're requesting that and here you identify the name of the person you're requesting to be appointed as successor personal representative their respective address and then it provides for this kind of catch-all language that says or some other suitable person be appointed by the successor personal representative because the initial personal representative has either resigned or their powers have terminated now again this is different than when you're trying to forcibly remove somebody as personal representative because of a breach of fiduciary duties or malfeasance in some way they've done something wrong we're asking the court to remove that personal representative this application is done in an informal way because the personal representative has either died resigned or under court protection through the guardian or conservator and they no longer can perform the role so again understand the difference between this form and the petition for removal of personal representative because of some action or lack of action that that current personal representative has taken let's work our way under the back side of the form here again you can identify in the event you're looking for a special personal representative this box for 9 corresponds to the back side of this or the front side of this form in which a special person representative would be needed during dependency of this application with all of these scale forms you are examining it and signing it under the penalties of perjury so you are asserting to the court that the contents are true true to the best of your information knowledge and belief so again ensure that you're providing accurate correct information on this form a spot for the applicant to sign their relevant address and if there's an attorney involved then the information there again a form that is not particularly complicated to complete but then it has to be filed with the court with the requisite documents to then get a success or personal representative in place but it's really about the performance of that personal representative where people get themselves in a whole bunch of trouble that we urge you to be working with an attorney at the probate pro we're passionate about everything probate if you have questions about the application for a success or personal representative or any probate or trust related issue visit us at theprobatepro.com or call us at 1-833-pro