You said I have it backwards. Do I open a probate estate then send by register mail asking to renounce or object to me being personal rep?
Or I send register mail asking to renounce or object before opening probate estate
You cannot open the probate without giving your brother prior two weeks notice of your intent to do so, because he has equal priority to you. So you send him Notice of your intent to open an estate, along with the Application or Petition to open probate. You need to send him a form PC557, which you can find, here:
You do not need to ask him to renounce or object. You just send him the two forms. If he does not object within two weeks of your providing him with notice, then you file your Application or Petition, the Notice form, along with proof of service, as well as the other initial probate forms. I would not send him anything by registered or certified mail. You do not need to do so. Just send it ordinary first class mail. You file the Testimony to Identify Heirs, the Notice to Creditors, and the Renunciation form of your other brother. You pay the filing fee and the fee for Letters of Authority and you should be appointed on that day.
If within that two week period, your brother HAS objected to the Court, then they will either not accept your initial documents, or they will do so, but will insist on your filing a Petition for formal probate, and they will schedule a hearing to decide your petition. If your brother has not objected, you can file an application for informal probate, (instead of the petition), and this eliminates the need for a hearing.
If your brother has objected to your appointment, you will need to retain an attorney to assist you. It is not a bad idea to do so, anyway, to make sure you are following the correct procedures.
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My observation is that this will be contentious and a fight every step of the way. Seek out expert probate counsel. I have a very good friend, a practitioner right in Richmond who specializes in estate planning and probate, who will guide you through the way, whether in St. Clair Probate or Macomb Probate. Take note: you will greatly benefit by avoiding errors that your brother would otherwise "jump on"!!! The estate assets will be responsible for payment of all attoneys' fees. Good luck!
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
If you had not before, after Mr Frederick's answer and your previous question, you need an attorney. Their devices are paid by the estate and reviewed and approved by the court is you are the personal rep. They are also helpful is there are issues as you seem to have with your brother.
What is your reason for not seeking counsel.
To the PROSPECTIVE client, please call with more details, and for an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.
I'm sorry for the death of your family member. You can file the application to open probate with the probate court in the county in which your family member resided at the time of his or her death. At the time that you file the application, you can complete a notice of intent to seek appointment and file that document with a proof of service showing that you have provided your brother with a copy of the application and notice of intent to seek appointment. If your brother does not file an objection within the applicable time period, the Court will issue you Letters of Authority to act as Personal Representative of the Estate. If your brother challenges your appointment, the Court will schedule a hearing. Good luck, Suzy
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