How to file A Proof of Service

How a Personal Representative Must File Proofs of Service in a Probate Case

When someone passes away, their estate often goes through probate, which is the legal process of settling their financial affairs and distributing their property. If a court clerk told you to file a proof of service, this post is for you!

The personal representative (also known as the executor) is the person appointed by the court to manage the estate. This person has many important duties, one of which is making sure that certain documents are shared with other people involved in the case. When these documents are delivered, the personal representative must file something called a proof of service with the court.

What Is a Proof of Service?

A proof of service is a document that shows the court that the personal representative has properly delivered required papers to the people who need to receive them. These people are called interested persons and may include heirs, beneficiaries, creditors, or other individuals who have a legal right to know what’s happening in the probate case.

The proof of service tells the court:

• What document was delivered

• Who it was delivered to

• How it was delivered (by mail, personal delivery, etc.)

• When it was delivered

• Who delivered it

  
  

Why Is Proof of Service Important?

The court needs to make sure everyone who has a right to be involved in the case is properly informed. This helps keep the process fair and open. If the personal representative doesn’t file the proper proof of service, it can delay the case or cause legal problems.

When Is Proof of Service Required?

Proof of service is required in many parts of the probate process. Some common examples include:

• When notifying people about the initial probate hearing

• When giving notice of the appointment of the personal representative

• When sending out the inventory of assets

• When notifying creditors or beneficiaries of estate actions

• Before certain court hearings

  
  

Each time the personal representative sends or delivers an official notice or form, they usually must file a proof of service afterward.

How to File a Proof of Service

1. Complete the Correct Form: In Michigan, personal representatives usually use Form PC 564 (Proof of Service). This form can be found on the Michigan Courts website or at the local probate court.

2. Fill in All Required Information: The form must list:

   • The names and addresses of the people served

   • What documents were sent

   • How and when they were sent

   • The name and signature of the person who delivered the documents

3. Make Copies: Before filing, make copies of the completed proof of service for your records and for any interested persons who request it.

4. File with the Probate Court: Submit the completed form to the probate court where the case is being handled. This can usually be done in person or by mail. Some counties also allow online filing.

   
   

Final Tips

Being a personal representative means keeping good records and following all court rules. Filing proofs of service on time shows the court that you are managing the estate properly and keeping everyone informed. If you are unsure about any part of the process, it's a good idea to speak with a probate attorney for help.

Need Help With Probate in Michigan? Contact Radzwion Law, PLLC today. Our local probate attorneys are ready to help you open and manage your case properly.

📞 Call (248)-702-5282 | 📧 Joseph@RadzwionLaw.com | 📍 Serving clients throughout Macomb County, Wayne County, Oakland County, St. Clair County and more.