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ADMINISTRATION WHERE ESTATE CONSISTS

OF LESS THAN $500.00

P. A. 1913, P. 545 Blanks Nos. 4056 to 4059

The legislature of 1913 provides that where application shall be made to the

probate judge for the appointment of an administrator on an intestate estate, the petition may contain an inventory of the estate, appraised under oath by one or more freeholders, at its true cash value, and a bond of not less than $300.00, with sureties, to be approved by the Court, conditioned for the payment of the funeral expenses of the deceased within one year from the date of his death.

Upon receiving petition, the judge shall make an investigation of the facts set forth in the petition, and if it shall appear that the deceased left surviving him a widow or childdren under the age of 16 years; that he had no real estate, and that the personal estate amounts to less than the sum of $500.00, the court may thereupon grant administration of the estate without notice and without further bonds.

Whenever it shall appear to the satisfaction of the probate judge that an administrator, appointed under the provisions of this act, has paid the funeral expenses of the deceased, and has paid over to the widow of said deceased, or in case there should be no widow, to the guardian of the minor children of said deceased, all the balance of said estate, the court may forthwith discharge such administrator without further accounting, and without notice.

Secs. 9262-9299

Blanks Nos. 4101 to 4120

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WILLS

When a man dies testate, that is leaving a last will and testament, the person having the custody of the will should file it in the probate court of the county of which the deceased is an inhabitant, within thirty days after his death, After the will is filed, the executor, or some person interested in the estate, may make a petition to the court, praying that the will be admitted to probate and that the administration of the estate be granted to the executor

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named in the will, or if there be no executor, or the executor named refuses to act, to some other suitable person as administrator with the will annexed. If all persons interested in the estate waive in writing notice of the hearing and consent to the admission of the will to probate, the court, upon the filing of the petition and waiver, and upon proper proof of its execution, may make an order admitting the will; otherwise a day is set for the hearing and the same notice is given by publication as for the appointment of an administrator, or the court may direct that notice be given by personal service on all persons interested.

The petitioner should see that proof of publication or personal service is filed on or before the day of hearing. It is also the duty of the petitioner to see that one of the subscribing witnesses to the will is present at the hearing to testify as to its execution. If there be no contest, the court, on proper proof of the execution of the will by one witness, may make an order admitting the will to probate and granting the administration of the estate to the executor named, or to some other person as administrator with the will annexed, and requires the one so appointed to file a bond. When this bond is properly executed, filed and approved, the court appoints appraisers, limits the time for settlement of the estate and issues letters testamentary authorizing the appointee to take charge of and administer and dispose of the estate of the deceased according to law and his last will.

Sec. 9298

A certified copy of every will devising lands and the order admitting the same to probate must be recorded in the office of the register of deeds of the county in which the lands devised are situated.

Sec. 9300

If a testator leaves a wife, the disposition of personal property is subject to her election to take any interest that may be given to her in the will; or in lieu thereof, to take the sum or share that would have passed to her, under the statute of distributions, had the testator died intestate, until the sum shall amount to five thousand . dollars, and of the residue of the estate, one-half the sum

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or share that would have passed to her under the statute of distributions, had the testator died intestate. The election of the wife to take otherwise than under the will, must be in writing and filed in the court in which proceedings for the settlement of the estate are being taken, within one year from the probate of the will.

Sec. 8935 If any lands be devised to a woman, or other provision be made for her in the will of her husband, she shall make her election, whether she will take the lands so devised, or the provision so made, or whether she will be endowed of the lands of her husband; but she will not, be entitled to both, unless it plainly appears by the will to have been so intended by the testator. The widow shall be deemed to have taken the provisions made for her under the will, unless, within one year after the death of her husband, she shall commence proceedings for the assignment or recovery of her dower.

WILLS EXECUTED WITHOUT THE STATE OF MICHIGAN

P. A. 1911, P. 55 The legislature of 1911 provided that a 'will executed without this state in the mode prescribed by law, either of the place where executed, or of the testator's domicile, shall be deemed to be legally executed, and shall be of the same force and effect as if executed in the mode prescribed by the laws of this state; provided that said last will and testament is in writing and subscribed by the

testator.

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TRANSFER OF CONTESTS OVER PROBATE OF WILL TO CIRCUIT COURT

P. A. 1911, P. 411 The probate judge in all contests over the allowance or disallowance of wills before the hearing thereon in probate court, may certify the same to the circuit court of the same county for hearing upon the ap

plication of any interested party in said contest, in the same way and subject to the same provisions as are now provided for appeals from the probate court to the circuit

court.

NOTICE TO FOREIGN CONSULS

Sec. 9344

Whenever it appears by a petition for appointment of an administrator, or the probate of a will, that the heirs-at-law of the deceased are residents of a foreign country, it is the duty of the judge of probate to notify the consul of such foreign nation in the city of New York, or the consul, vice-consul, or consular agent resident in this state of the pending of said petition, and of the day set for hearing. Such notice shall be given by mail at least sixty days before the time appointed for the hearing.

SPECIAL ADMINISTRATORS

Secs. 9326-9330

Blanks Nos. 4151 to 4155

When by reason of delay in granting letters testamentary or of administration, or when from any other cause, the judge of probate deems it expedient so to do, he may, after such notice as he may direct, or without notice, in his discretion, appoint a special administrator to act in collecting and taking charge of an estate until an executor or administrator shall be appointed.

This proceeding is adopted where there is property needing immediate care and there is no person to look after it. The special administrator is required to file a bond, make an inventory, have the property appraised and render his final account and turn over the property in his hands to the general executor or administrator who may be afterward appointed.

ESCHEATED ESTATES

P. A. 1913, P. 596 Whenever it shall appear in the administration of an estate that the decedent died intestate, leaving no known heirs, or when it shall appear in the administration of a testate estate that the beneficiaries of the purported will would not be entitled to share in such estate but for the term of such purported will, and that such decedent died leaving no known natural heirs, it shall be the duty of the judge of the probate court to forthwith serve notice upon the attorney general of the pendency of such proceedings, and that in such. estate there are no known natural heirs. Such notice shall be served by registered mail. In such case, the attorney general shall have all the rights of any heir, representative or creditor to be heard and to contest the validity of any claim, order; appointment or any instrument purporting to be a contract or will of the decedent.

BONDS

The bond of an executor, administrator or guardian must be filed within twenty days after appointment. Sureties may be individuals or a surety company authorized to transact business in the estate. Individual sureties must

be residents of this state and should justify as to their responsibility. See Rule VI.

P. A. 1909, P. 765 It is the duty of the probate court to require each guardian, executor or administrator who has been acting as such for five years to give a new bond in such sum as the probate judge shall direct; provided, that if it shall appear that there is no estate in the hands of such guardian, executor or administrator a new bond need not be required unless it be requested by a person interested in the estate.

It is the duty of the probate judge to keep a book wherein shall be entered the dates upon which the bonds. of such guardian, administrator, executor or trustee were approved by the court, and every five years thereafter notice should be served and a new bond required.