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Demand for Notice Overview

Have you been kept in the dark after someone has died, with no idea what’s going on in regard to the estate? That’s not right and there are ways you can be kept in the loop of what’s going on in a probate estate. The Demand for Notice form, once filled, will allow you to be kept in the loop of what’s going on. Darren Findling of The Probate Pro covers this form and shows you what needs to be filled out.

The Demand for Notice form (PC 555) can be found by clicking here. This form, like many of the forms that are involved in legal processes, are linked to specific statutes and court rulings. The Demand for Notice form is related to MCL 700.3205, which states:

 A person who wants notice of any order or filing pertaining to a decedent’s estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the decedent’s death stating the decedent’s name, the nature of the person’s interest in the estate, and the address of the person or the person’s attorney. If a proceeding is not pending at the time a demand is filed under this section, the person filing the demand must pay the fee required to commence a proceeding. The person filing a demand shall mail a copy of the demand to the decedent’s attorney, if known, to the personal representative if one has been appointed, and to the personal representative’s attorney. After filing the demand, the person is an interested person entitled to notice as provided in section 1401 and the other provisions of this act.
In addition, the Demand for Notice form is related to MCR 5.125 (A)(7), which states:
A person who filed a demand for notice under MCL 700.3205 or a request for notice under MCL 700.5104 if the demand or request has not been withdrawn, expired, or terminated by court order.
Finally, it is also related to MCR 5.126, which states:

(A) Applicability. For purposes of this rule “demand” means a demand or request. This rule governs the procedures to be followed regarding a person who files a demand for notice pursuant to MCL 700.3205 or MCL 700.5104. This person under both sections is referred to as a “demandant.”

(B) Procedure.

(1) Obligation to Provide Notice or Copies of Documents. Except in small estates under MCL 700.3982 and MCL 700.3983, the person responsible for serving a paper in a decedent estate, guardianship, or conservatorship in which a demand for notice is filed is responsible for providing copies of any orders and filings pertaining to the proceeding in which the demandant has requested notification. If no proceeding is pending at the time the demand is filed, the court must notify the petitioner or applicant at the time of filing that a demand for notice has been filed and of the responsibility to provide notice to the demandant.

(2) Rights and Obligations of Demandant.

(a) The demandant must serve on interested persons a copy of a demand for notice filed after a proceeding has been commenced.

(b) Unless the demand for notice is limited to a specified class of papers, the demandant is entitled to receive copies of all orders and filings subsequent to the filing of the demand. The copies must be mailed to the address specified in the demand. If the address becomes invalid and the demandant does not provide a new address, no further copies of papers need be provided to the demandant.

(C) Termination, Withdrawal.

(1) Termination on Disqualification of Demandant. The fiduciary or an interested person may petition the court to determine that a person who filed a demand for notice does not meet the requirements of statute or court rule to receive notification. The court on its own motion may require the demandant to show cause why the demand should not be stricken.

(2) Expiration of Demand When no Proceeding is Opened. If a proceeding is not opened, the demand expires three years from the date the demand is filed.

(3) Withdrawal. The demandant may withdraw the demand at any time by communicating the withdrawal in writing to the fiduciary.

The Probate Pro is here to help you with anything related to probate. It’s all we do! If you have any questions related to the Demand for Notice form, or just have probate questions and are looking to get started, give us a call at (833) PROBATE.

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