Glossary

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The court uses many very specialized terms in its proceedings and on its forms. The following glossary has been created to help you understand the meaning of some legal terms that may be used within the Probate Court.

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

Acceptance of Appointment

A form that must be signed by a fiduciary who has been appointed by the court. It states that the fiduciary will "accept the appointment, submit to personal jurisdiction of the court, and agree to file annual reports and to perform all required duties." Letters of Authority or Letters of Guardianship may not be issued by the court, and the fiduciary may not act, until this form is signed. PC 571

Account (Conservator)

A form that must be completed by the conservator and filed yearly with the court. It must also be served on all interested persons. Accounts may be labeled "1st annual," "2nd annual," etc., and "final account," depending on how many years the file has been opened. It is a detailed statement of the assets being managed for an individual by the conservator. It lists "Income and other receipts," "Expenses and other disbursements," and "Itemized assets remaining at the end of the accounting period." The filing fee for an account is generally $20. PC 583 or PC 584 (either one may be used)

Account (Decedent's Estate)

A form that must be completed by a personal representative and served on all interested persons on a yearly basis. If the estate is under supervised administration, the account must be filed with the court annually. If the estate is under unsupervised administration, the account may be filed with the court, but it is not required. Accounts will be labeled "1st annual," "2nd annual," etc., and "final account," depending on how many years the estate has been opened, generally. It is a detailed statement of the estate assets that are being managed by the personal representative and includes "Income and other receipts," "Expenses and other disbursements," and Itemized assets remaining at the end of the accounting period." The filing fee for an account is generally $20. PC 583 or PC 584 (either one may be used)

Accounting Period

Generally, a one-year period of time which ends on the anniversary date of the issuance of the Letters of Authority. The annual account will cover activity occurring during this one-year period. All accounts for conservatorships and supervised estates must be filed within 56 days after the anniversary date of the issuance of the Letters of Authority. For example, if the fiduciary was appointed by the court on February 5, 2002, signed his Acceptance of Appointment on February 11, 2002, and the court issued him Letters of Authority on February 12, 2002, the accounting period would be from February 12, 2002 to February 12, 2003. The Account would have to be filed within 56 days (8 weeks) after February 12, 2003, which would be April 9, 2003.

Alternative Documentation

If a Death Certificate is not available to start an estate, alternative documentation may be used. Alternative Documentation includes a letter from the morgue, hospital, funeral home, or an obituary as proof of death.

Annual Account

See Account.

Annual Report

A form that must be completed by the guardian and filed yearly with the court. It reports on the well being of the ward in the guardians care. It must be filed within 56 days after the anniversary date of the appointment. There is no fee for filing an annual report. PC 654 for minors, PC 634 for adults.

Application

A written request to the probate register for informal probate of a will and/or appointment of a personal representative in a decedents estate. PC 558. See also "Informal Proceedings."

Area "203" or "203"

The follow-up procedure the probate court uses to monitor fiduciary duties. Also, the probate court unit that handles delinquent and/or improper activity of a fiduciary. It gets its name from the court rule (MCR 5.203).

Bond

A document ordered by the court that allows a person to qualify as a fiduciary or to sell real estate. Two bonds that might be ordered are personal bonds or corporate bonds.

A corporate bond requires a premium and is obtained through an insurance company.

Children's Advocates

These are volunteers who are appointed by the court for two different assignments. They may be appointed to represent the best interest of a child on a minor guardianship case. In such cases, they investigate and report on the child's and the proposed guardians situation and complete a "home study." Children's Advocates may also be appointed to review the status of adult guardianships by visiting the ward and completing a report to the court known as a Report on Review of Guardianship of Legally Incapacitated Individual. PC 636.

Civil Actions

The probate court will handle a civil case that arises from a dispute in a probate matter such as an estate, a trust, or a guardianship or conservatorship. The amount of the claim is not relevant. The civil case must be filed in the county where the probate court matter is being handled. If there is no underlying probate matter, the civil case must be filed in either the circuit court or district court based on the amount of the claim.

Claim

A form presented by a person or entity that is owed money or property from an estate, and which requests payment from the estate. Also known as Statement and Proof of Claim. PC 579.

Claimant

The person or entity who presents a claim for money or property from an estate. Also known as a creditor.

Codicil

An addition to a Will.

Conservator

A person or entity appointed by the court to properly manage a protected individual's property, also known as an "estate."

Conservatorship

The type of probate court matter in which a conservator is appointed for a protected individual (either a minor or an adult).

Cost of Living Adjustment (also known as "COLA")

A monetary increase based on current economic trends. Some decedent estate values are adjusted annually according to this factor.

Court Appointed Attorney

An attorney who is appointed by the court to be an advocate for an interested person. A CAA would be most frequently seen as the attorney for a respondent on a mental health matter, or for an alleged legally incapacitated individual. For instance, in an adult guardianship case, the alleged legally incapacitated individual may be contesting the guardianship in some manner, and unless the alleged legally incapacitated individual has legal counsel, the court will appoint a CAA.

Court Call (or Motion Call)

A certain day and time of the week generally reserved for hearing uncontested probate matters. Depending on the judge, probate court call is on Tuesday or Wednesday mornings at 8:30am, and it is subject to change. See also docket and proof of service.

Creditor

An individual or entity who is owed money by an estate. If a claim is presented, a creditor is also known as a "claimant."

Debtor

A person or entity who owes money or property to an estate.

Decedent

An individual who is no longer living.

Decedent's Estate

Another name for the probate matter that deals with a decedent's assets.

Deficiency, Notice of

The notice the probate court sends to inform certain fiduciaries of any deficiencies or delinquencies in the handling of their mandated duties. It may include a notice to correct the deficiency within 28 days.

Delinquent

A term that generally refers to a fiduciary who has not completed a mandated duty or responsibility in a timely fashion. See Area 203.

Department of Health and Human Services

This is a department of the State of Michigan, not Oakland County. DHHS includes Adult Protective Services (APS) and Childrens Protective Services (CPS). The DHS may be involved with guardianship and conservatorship cases.

Deputy Probate Register

Probate court staff who are authorized to perform certain duties of the Probate Register, i.e. signing a judges name on orders. See Probate Register.

Devise

To give or bestow personal and/or real property through a will.

Devisee

A person or entity who is entitled to receive personal and/or real property that was devised in a will.

Distributee

A person (other than a creditor or purchaser) who receives property from an estate through a personal representative.

Docket

The cases assigned to a particular judge. On court call mornings, the judges' dockets are posted on the wall outside the probate area and outside the judges' courtrooms. If the case is highlighted in yellow, the parties may proceed directly to the courtroom. If the case is NOT highlighted in yellow, the parties must appear at the probate counter to complete the file. See proof of service.

Durable Power of Attorney

See Power of Attorney.

EPIC

The law known as the "Estates and Protected Individuals Code" that went into effect April 1, 2000. It repealed the previous law governing probate, which was called the "Revised Probate Code." EPIC governs most of the proceedings in probate court. It includes provisions relating to wills and intestacy, the administration and distribution of estates and trusts, and the affairs of those individuals who are under legal incapacity. The legal citation for the entire code is MCL (Michigan Compiled Laws) 700.1101-8102. A citation such as MCL 700.2101, refers to Article 2, Part 1 of EPIC; 700.2201 refers to Article 2, Part 2 of EPIC. The entire code can be accessed at michiganlegislature.org.

Estate

The property of the decedent or protected individual that exists throughout administration.

Estates

When someone dies owning assets in their sole name, a decedent estate may need to be opened to transfer those assets to the persons entitled to it. There are certain exceptions that will allow transfer of assets without the need for Probate. These exceptions can be found on our under Information & Publications in the brochure "Disposition of Small Estates."

Executor

Former name for personal representative. See Personal Representative.

Exempt Property

The household furniture, automobiles, furnishings, appliances and personal effects of a decedent that a spouse is entitled to according to certain dollar limits. (See Disposition of Small Estates for those limits and more information).

Family Allowance

An income allowance for the support of the surviving spouse and/or qualifying children for the administration period.

Fees; Filing Fees

Fees charged by the Probate Court as established by Supreme Court Administrative Order 1995-2. The most common fees are: Starting a decedent estate - $175; Filing for conservatorship - $175; Filing for guardianship - $175.00; Filing a petition or motion during the pendency of a matter - $20; Filing a civil action - $175, Filing a "small estate" - $25; Filing a claim - $20; Filing an annual account - $20. See Probate Court Filing Fees for more detailed description of fees.

FIA

An abbreviation for the "Family Independence Agency" formerly known as the DSS and now known as DHS (Department of Human Services). This is a department of the State of Michigan, not Oakland County. The DHS includes Adult Protective Services (APS) and Childrens Protective Services (CPS). The DHS may be involved with guardianship and conservatorship cases.

Fiduciary

A person who undertakes the legal duty to act for the benefit of another. Fiduciaries include, but are not limited to, personal representatives, guardians, conservators, or trustees.

Formal Proceedings

A method of opening a decedents estate with a Petition (PC 559) and a judicial determination after notice to interested persons.

Forms

Probate practice requires the use of forms, when a SCAO approved form exists (see Oakland County Probate Court Notice Regarding Use of SCAO forms). The SCAO approved probate forms are identified by a number following "PC" (i.e. PC 999) on the bottom left corner of the form, with the latest revision date in parenthesis, and "Approved SCAO" in the top left corner. This web site includes all forms that were created by the Oakland County Probate Court for specific situations not covered by the SCAO forms.

GAL

An abbreviation for "Guardian Ad Litem."

Gross Estate Fee (aka Inventory Fee)

A court fee placed upon the total value of the assets in a decedent's estate at the time of death. It must be paid within 1 year of the personal representative's appointment or upon closing of the estate, whichever is earlier. For purposes of calculating the fee, any liens on real estate will be deducted from the value of the real estate if the decedent died on or after 3/28/2013. Subtract any applicable mortgage liens before adding up the value of all assets to determine the Inventory Value. Insert that Inventory Value in our Inventory Fee Calculator to determine the fee. Please note the court will calculate the exact fee for you. In the event of a variance the fee calculated by the court shall override the online Inventory Fee Calculator.

Guardian

A person who is appointed by the court to be responsible for their ward's care, custody and control, including the ability to make decisions regarding medical care and living arrangements.

Guardian ad Litem

Someone who is appointed by the court during the course of litigation to promote and protect the interests of a person affected by the litigation. Generally, the Oakland County Probate Court appoints attorneys as guardians ad litem. The court shall appoint a guardian ad litem when required by law [such as for alleged legally incapacitated individuals and alleged protected individuals]. If it deems necessary, the court may appoint a guardian ad litem to appear and represent the interests of any person in any proceeding. See MCR 5.121

Guardian of the Estate

A guardian who has the authority to make decisions regarding the management of the property and finances of an individual with a developmental disability.

Guardian of the Person

A guardian who has the authority to make decisions regarding the care and custody of an individual with a developmental disability, such as medical and housing decisions.

Guardianship

The type of probate court matter in which a guardian is appointed for a minor, a legally incapacitated individual or an individual with a developmental disability.

Heir or Heir-At-Law

A person who is entitled to a decedent's property according to the laws of intestate succession.

Homestead Allowance

A designated amount of money given to the decedent's surviving spouse or qualifying children. This allowance has priority over all claims filed against the decedent's estate except administration costs and expenses and reasonable funeral and burial expenses. (See brochure Disposition of Small Estates for amount based on year of death.) See Summary Proceedings Small Estates.

Individual with a Developmental Disability or "IDD"

An individual who has a severe, chronic condition that is attributable to a mental and/or physical impairment which was manifested before age 22, is likely to continue indefinitely, and results in substantial functional limitations of major life activities.

Informal Proceedings

A method of opening a decedent's estate with an Application (Form PC 558) with notice to interested persons, but which is not conducted before a judge. If a personal representative is requested and appointed, the estate will proceed as an unsupervised estate unless supervision is otherwise requested.

Interested Person

Any person "interested" in a probate matter as determined by court rule or statute. "Interested persons" include but are not limited to, heirs, devisees, creditors, and beneficiaries, depending on the type of matter. Interested persons must be notified of all relevant court proceedings.

Intestate Succession or Intestacy

The law that governs the passing of a decedents property to the decedent's heirs. The law that identifies which relatives are a decedents "heirs."

Inventory

A document that must be completed by the fiduciary and served on interested persons. It lists the property of an estate or protected individual that is under the management of the fiduciary. If a personal representative is completing this form, the date of death fair market value must be listed. If a conservator is filling out this form, it must list the fair market value as of the date of the qualification of the conservator. If an estate is being administered as a supervised proceeding, the personal representative must file the inventory with the court. If it is unsupervised administration, the personal representative must present the inventory to the court for determination of the gross estate fee, but it is not required that the inventory be filed. A conservator must file an inventory with the court. PC 577

Inventory Fee (aka Gross Estate Fee)

A court fee placed upon the total value of the assets in a decedent's estate at the time of death. It must be paid within 1 year of the personal representative's appointment or upon closing of the estate, whichever is earlier. For purposes of calculating the fee, any liens on real estate will be deducted from the value of the real estate if the decedent died on or after 3/28/2013. Subtract any applicable mortgage liens before adding up the value of all assets to determine the Inventory Value. Insert that Inventory Value in our Inventory Fee Calculator to determine the fee. Please note the court will calculate the exact fee for you. In the event of a variance the fee calculated by the court shall override the online Inventory Fee Calculator.

Also See Gross Estate Fee.

Involuntary Commitment

The process by which the Probate Court orders a particular individual, against his or her will, to undergo temporary hospitalization or alternative mental health treatment.

Jurisdiction

The authority of the court to hear certain types of matters.

Last Will and Testament

See Will.

Legally Incapacitated Individual (LII)

An adult individual who has been determined by the court to lack the capacity for self-care and for whom a guardian has been appointed.

Letters of Authority

A document issued by the court that evidences the fiduciary's powers. Letters of Authority are issued in decedents estates and in conservatorship files. It is necessary to present this document when conducting estate business. PC 572.

Letters of Guardianship

A document issued by the court that evidences the guardian's powers. It should be renewed on an annual basis upon filing of the annual report. PC 633.

Letters Restrictions

The court may put restrictions on the powers of the fiduciary. These restrictions are set forth on the Letters of Authority or Letters of Guardianship. In Oakland County, the most common restriction is one that is listed on the Letters of Authority for a formal estate proceeding and on the Letters of Authority for conservatorships the court will not allow the fiduciary to sell the real estate without prior court approval. Another common restriction is stated on minor conservatorship Letters - the conservator may not use the minor's funds without a court order.

Living Will

See Patient Advocate Designation.

Mental Health Code

That part of the Michigan Compiled Laws the sets forth the law regarding mental health commitments and guardianships over individuals with developmental disability. It is found at MCL 330.1001 2106.

Michigan Court Rules or "MCR"

The rules that govern court procedure. Those that are specifically related to probate are contained in Chapter 5. An example of a citation to the probate court rules reads as follows: "MCR 5.101" which means Section 101 of Chapter 5 of the Michigan Court Rules.

Minor

In Michigan, an individual who is under 18 years of age.

Motion

A written request for a court order on a particular issue. The filing fee is $20.

Motion Call

See Court Call.

Order to Transport

The common parlance for what is technically known as a Petition and Order for Examination/Hospitalization. This is the court order which gives the local law enforcement agency authority to take a specified individual into protective custody and transport that individual to a designated hospital for mental heath evaluation and/or treatment.

Partial Guardian

A guardian with limited, specified authority over an individual with a developmental disability. One may be a partial guardian of the estate, or a partial guardian of the person.

Patient Advocate Designation

A document that designates a person to make medical treatment decisions when the patient is unable to act on his/her own behalf. A Michigan statutory version of what is sometimes referred to as a "living will." It is sometimes referred to as a "Medical Durable Power of Attorney."

Personal Representative

An individual who is appointed by a probate court to administer a decedent's estate. Formerly referred to as an "executor."

Petition

A written request for a court order on a particular issue. The filing fee is generally $20 and can be as high as $175.

Physician's Certificate

A written document which is signed by a physician or licensed psychologist, indicates that a particular individual requires mental health treatment, and provides the reasons and opinions that underlie such a conclusion. Also known as a "Clinical Certificate."

Plenary Guardian

A guardian with full authority over an individual with a developmental disability. One may be a plenary guardian of the estate, or a plenary guardian of the person.

Power of Attorney

A written and notarized document giving an individual legal power to act on behalf of another according to the terms of the document. The person who acts on behalf of the person who signs the power of attorney is called an "Attorney-in-fact." Powers of attorney may be broad (i.e.; covering financial matters, or medical issues), or limited (i.e.; for the one-time purpose of selling real estate). A power of attorney for medical care may also be accomplished by a Patient Advocate Designation. A power of attorney that makes provisions stating that it is effective even upon the disability of the maker, is known as a Durable Power of Attorney. There are no court forms provided for powers of attorney.

Probate

Sometimes referred to as the process of administering a decedent's estate. Technically, it refers to the procedure by which a decedent's will is admitted to the court for purposes of estate administration.

Probate Court

The court which handles decedent estates, guardianships over adults and minors, conservatorships over adults and minors, guardianships over individuals with developmental disability, trusts, involuntary commitments and other miscellaneous matters.

Probate Register

A court designated individual who has the power to perform certain administrative acts in uncontested matters as authorized by general order of the probate judge. A list of typical powers is set forth in the Revised Judicature Act (MCL 600.834). The Probate Register for Oakland County Probate Court is Barbarra P. Andruccioli.

Probation

This has nothing to do with probate court.

Oakland County Circuit Court Probation

Proof of Service

A form that lists which interested persons have been served with appropriate notice of a document, particular action, and/or court hearing. A court file generally cannot be heard by the judge until the responsible party has indicated to the court, through this form, that all interested persons have been served with a copy of the relevant petition or motion, and the notice of hearing. For "court call" (aka "motion call"), only files in which a proper proof of service has been filed will be highlighted on the court docket sheet in yellow as "ready for court." Those parties may proceed directly to the courtroom. If the file is not highlighted, it generally means that the responsible party needs to file a proof of service with the court. See Court Call. PC 564.

Property

Anything that can be owned including real and personal property.

Protected Individual

A person (minor or adult) who has a court appointed conservator.

Public Administrator (PA)

A licensed practicing attorney assigned by the court to serve as fiduciary over an estate and/or individual when a family member or friend is unable or unwilling to serve as fiduciary. Public Administrators are appointed to this unpaid position by the Attorney General. They will bill the estates for services rendered if assets are available.

Qualify

The court uses this term to refer to the steps a fiduciary must take before the court may issue Letters. Generally, a fiduciary must file an Acceptance of Appointment or a bond before they are qualified to act. For instance: the court will issue its order appointing a fiduciary, which will also state what additional documents the fiduciary needs to file. Once those documents are filed, the fiduciary has "qualified," and the court may issue Letters of Authority or Guardianship. If a fiduciary fails to qualify, the court may rescind the order which appointed the fiduciary.

Renunciation

To voluntarily relinquish certain rights and/or duties imposed by the operation of law. Most often this refers to a voluntary refusal to serve as personal representative for purposes of administering a decedents estate. PC 567.

Report

See Annual Report.

Rescind

Generally, this term is used in the context of an "Order Rescinding Order," which means that the court is taking back, or canceling a previously issued order.

Respondent

An individual who is the subject of a petition.

SCAO

An abbreviation for the State Court Administrative Office.

Service or "to Serve"

To deliver documents to an interested person according to Michigan Court Rule 5.105. See Proof of Service.

Small Estate

The court will use the term "small estate" to define a certain type of estate which is commenced by a Petition and Order for Assignment (PC556). The value of the assets must not exceed a certain dollar amount. That value varies depending on the year of death. That amount is $15,000 if the decedent died before 2001; for dates of death in 2015, the amount is $22,000. If the date of death value of decedent's property minus the funeral and burial expenses is less than the above value, it may qualify as a small estate. See Disposition of Small Estates (Brochure #3) for more information.

Special Fiduciary

A person appointed by the court to perform specific and limited duties on behalf of an estate or protected individual.

Statement and Proof of Claim

See Claim.

Summary Proceeding, Small Estates

Unsupervised estates may qualify for a shortened form of administration called "summary proceedings" if the total value of a decedents property is below the statutory limits requiring payment for homestead allowance, family allowance, and exempt property. (See Disposition of Small Estates for more information and values of the allowances and exempt property by reference to the year of death)

Supervised Administration or Supervised Estate

A type of procedure used in estate administration and settlement. Under supervised administration, the personal representative must file additional papers with the court (as opposed to unsupervised administration) such as the inventory, annual accounts and several notices. The personal representative must also ask for court approval before distributions may be made. When an estate is supervised, the suffix of the file number will be a "DA," such as 2002-123456 DA.

Trust

A way to hold property in which legal and equitable title are separated. The legal title to trust property is held in the trust name solely for the benefit of another. A trust is created by a "settlor" through a written document transferring legal title to the assets from the settlors name into the trust name. The trust document allows a "trustee" to manage and distribute trust assets solely for the benefit of the "trust beneficiary."

Trust Inter Vivos

Also known as a "living trust". A trust document that is created and administered for the benefit of and during the life of the trust creator who is also known as the "settlor."

Trust Irrevocable

A trust document in which the trust property is permanently conveyed in the trust name. The trust creator (also known as the "settlor") is unable to regain control of the trust property or otherwise destroy the trust.

Trust Testamentary

A trust that is created by the decedent's Will. Typically, a testator will designate certain property or a percentage of the estate to be transferred into a trust for the benefit of certain individuals or charities.

Trustee

The fiduciary who oversees a trust.

Unsupervised Administration or Unsupervised Estate

A procedure used in estate administration in which most of the estate activity is done without court intervention. The court is involved at the opening and closing stages, but does not generally become involved otherwise unless requested by the personal representative or an interested person, or on the court's own initiative. When an estate is unsupervised, the suffix of the file number will be a "DE," such as 2002-123456 DE.

Verification of Funds on Deposit

A form used in a minor conservatorship file to indicate in which financial institution the ward's money is located. The form must designate the account name, number, amount on deposit and must be signed by a representative of the financial institution.

Proof of Restricted Account and Annual Verification of Funds on Deposit (Conservatorship of Minor) (PC 669).

Waiver & Consent

A form which is signed by an interested person, and which indicates that the interested person agrees (consents) with the matter before the court, and in which the interested person indicates that he/she does not need to be notified of the hearing. Some court orders may be entered without a hearing as long as there are proper "Waivers and Consents" for all interested persons.

Waiver and Consent (PC 561).

Ward

An individual for whom a guardian has been appointed.

Will (Last Will and Testament)

A written expression of how an individual wants their property distributed after death.