By Melanie Deeds
Legal News
The president of the Macomb County Probate Bar Association is applauding new procedures instituted at Probate Court this month as well as another procedural change scheduled to take effect next Monday.
Elizabeth Stubbs said Probate Judge Carl Marlinga “is trying to improve efficiency and move the docket.”
“These changes will help make the court more efficient for practitioners as well as the court staff,” she said.
The court said the new procedure was being implemented “in an effort to address concerns regarding parties having to wait.”
The new procedure will be reviewed after 90 days to see if it will continue, the court said.
As of Monday, Feb. 3, on hearings scheduled before Marlinga, the petitioner/attorney will be required to have filed with the court seven days before the hearing his or her proof of service showing service upon the interested parties.
On those matters, court staff will check the presented proofs of service to verify all interested parties have been served. If so, on the day of the scheduled hearing, a sheet will be posted on the courtroom door showing highlighted cases.
If a file is one of the highlighted cases, all parties may proceed into the courtroom and check in with the court staff member in the courtroom and/or present any proposed order if they are the petitioner.
According to the new procedure, if a case is not one of the highlighted cases, the parties involved must proceed to the analyst area and sign in at the podium as in the past.
As of Jan. 1, the court began accepting from attorneys who are fiduciaries notarized affidavits in lieu of disbursements presented with the filed accounts.
“This will do away with the requirement for the analyst to audit every disbursement presented on the accounting and avoid the necessity for attorneys who are fiduciaries to bring in documentation supporting those disbursements,” the court said.
Under another change that took effect earlier this month, new minor conservatorships will not be required to file annual accounts.
Language will be put on the initial order appointing conservator regarding presentation of a restricted account agreement and then annual verification of deposits and copy of bank statement, with the requirement that a final account will be required when the minor turns 18.
For pending minor conservatorships, the court will require the scheduled account whenever it may be next due and add language that further accounts will no longer be due, only verification of deposits and copy of bank statements, with the language about a final account due at age 18.
The only exception to the no annual account requirement, the court said, will be when a conservator requests a petition and order for release of funds. In such cases, the court will determine if an annual account will then be due on a case by case basis.
Stubbs said it was important to the court as well as the MCPBA to get the word out to attorneys about the changes and to work together to improve efficiency at probate court.
“These are good steps and are aimed at reducing paperwork and increasing efficiency,” she said.
In its message to attorneys, the court included the following updates:
• Pursuant to recent SCAO form revisions, the Macomb County Probate Court now requires that the most recent updates of PC 556 (9/13 update) Petition and Order for Assignment; of PC 577 Inventory (9/13 update); of PC 632 Order Regarding Appointment of Temporary Guardian of Incapacitated Individual; and the most recent updates of PC 595, PC 625, PC 626, PC 650, PC 666, PC 666a, PCM 204, PCM 209, PCM 217a, and PCM 218.
• There are new forms to use when selling real estate in a decedent's estate PC 681 Petition for Sale Of Real Estate (Decedent's Estate), PC 682 Order regarding Sale of Real Estate (Decedent's Estate) along PC 683 Application and Order for Appointment of Out of State Conservator, PC 683 Application and Order for Appointment of Out of State Guardian of Minor, and PC 684 Application and Order for Appointment of Out of state Guardian of LIP.
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