Serving Probate Court Papers in Michigan: MCR 5.105

Who may hand over a notice of hearing, the 7-day rule, when a ward must be served, and the proof the court gets back

In a Michigan probate matter, the notice of hearing can be mailed or handed to each interested person. A hand delivery must happen at least 7 days before the hearing, and almost any adult may make it. Mail needs at least 14 days. A few rules change who must be served and who may hand the papers over.

The rules sit in Chapter 5 of the Michigan Court Rules, mainly MCR 5.102 through MCR 5.108, and in the Estates and Protected Individuals Code, mainly MCL 700.1401. This page describes what they ask of the person serving the papers. The probate court handling the matter decides how they apply to a particular estate, trust, guardianship or conservatorship.

Probate follows its own service rules

Probate court uses the general civil rules but changes some of them. Under MCR 5.001(A), "Procedure in probate court is governed by the general rules set forth in chapter one and by the rules applicable to other civil proceedings set forth in chapter two, except as modified by the rules in this chapter." Service is one of the places where Chapter 5 makes changes, so it is the first place to look.

What gets served, and on whom

Most probate service starts with a notice of hearing. MCR 5.102 reads: "A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a notice of hearing for all matters requiring notification of interested persons." The notice must state "the time and date, the place, and the nature of the hearing."

Other papers travel with it. Under MCR 5.107(A), the person who files a petition, a motion or several other documents "must serve a copy of that document on interested persons." The same subrule adds: "The person who obtains an order from the court must serve a copy of the order on interested persons."

Who counts as an interested person depends on the matter. The statute's definition, MCL 700.1105(c), "includes, but is not limited to, the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary" and others with a stake in the estate or trust. It adds that the list "shall be determined according to the particular purposes of, and matter involved in, a proceeding, and by the supreme court rules." We serve the people named on the list you send. Deciding who belongs on that list is for the petitioner, the attorney or the court.

Who may serve probate papers

Probate is more open than a general civil case about who may serve. MCR 5.103(A) reads: "Service may be made by any adult or emancipated minor, including an interested person." Compare the general civil rule, MCR 2.103(A): "Process in civil actions may be served by any legally competent adult who is not a party or an officer of a corporate party."

So in probate, a family member who is an interested person may hand over the notice. A petitioner may still choose a process server, for example when a relative is hard to reach or the family would rather not make the delivery. The general rule is covered in Who Can Legally Serve Court Papers in Michigan.

The rule for hospitals and institutions

One kind of address has its own rule. Under MCR 5.103(B), "Personal service on a person in a governmental institution, hospital, or home must be made by the person in charge of the institution or a person designated by that person."

That matters in probate, where the person to be served may be living in a hospital or another institution. If anyone on your list lives in a place like that, tell us before the first attempt. The rule sends that hand delivery through the person in charge, and mail may still be open, as covered below.

What personal service means in probate

Personal service is allowed in Michigan and beyond. MCR 5.105(A)(1) reads: "Service on an interested person may be by personal service within or without the State of Michigan." Our servers work within Michigan.

The rule then says what personal service means. Under MCR 5.105(B)(1)(b), "Personal service of a document on an individual other than an attorney must be made by"

  • "handing it to the individual personally;"
  • "leaving it at the person's usual residence with some person of suitable age and discretion residing there; or"
  • "sending the document by registered mail or certified mail, return receipt requested, and delivery restricted to the addressee; but service is not made for purpose of this subrule until the individual receives the document."

The second method is the big difference from a general civil summons. There, MCR 2.105(A)(1) starts with "delivering a summons and a copy of the complaint to the defendant personally," and leaving the papers with someone at the home is not one of the methods it lists. Another method takes a court order, as covered in Substituted Service Under MCR 2.105. In probate, the rule itself allows it.

The words "residing there" matter. The person who takes the papers must live at that home, so a visitor or a neighbor does not fit.

Some people are served through someone else. If an interested person has an attorney, MCR 5.105(D)(5) sends service to "The attorney for an interested person who has filed a written appearance in the proceeding." A business or other entity is served "in the manner provided in MCR 2.105(C)-(G)," under MCR 5.105(B)(1)(c). Those rules are covered in Serving a Michigan LLC or Corporation and Serving a Michigan Partnership or DBA.

Mail is allowed, with a longer lead time

The rules also allow mail. Under MCR 5.105(A)(2), "Unless another method of service is required by statute, court rule, or special order of a probate court," service may be made "to the current address of an interested person by registered, certified, or ordinary first-class mail," or by electronic service. MCR 5.105(B)(2) adds that "Service by mail is complete at the time of mailing."

The 7-day and 14-day rules

The deadline depends on the method. MCR 5.108(A) reads: "Personal service of a petition or motion must be made at least 7 days before the date set for hearing, or an adjourned date, unless a different period is provided or permitted by court rule." The same subrule says it "applies regardless of conflicting statutory provisions."

Mail takes twice as long. Under MCR 5.108(B)(1), "Service by mail of a petition or motion must be made at least 14 days before the date set for hearing, or an adjourned date." The statute uses the same two numbers. MCL 700.1401(1)(b) allows "Delivering a copy to the person being notified personally at least 7 days before the time set for the hearing," and MCL 700.1401(1)(a) allows mailing a copy at least 14 days before it.

So a petitioner who has missed the mail deadline may still have time for a hand delivery. How to count the days is set by MCR 1.108, under MCR 5.108(E), so confirm the last safe day with the court or your attorney. Sending the hearing date with the request lets the server plan each attempt well ahead of it.

Guardianship and conservatorship papers

Papers about a ward follow a special rule. MCR 5.105(D) reads: "In a guardianship or conservatorship proceeding, a petition or notice of hearing asking for an order that affects the ward or protected individual must be served on that ward or protected individual if he or she is 14 years of age or older."

For other people under a legal disability, or who have a representative, the same subrule sends service to that representative instead. Its list includes a guardian, conservator or guardian ad litem, a trustee for a beneficiary of the trust, in some cases a parent the minor lives with, an attorney who filed a written appearance, and an agent under a power of attorney filed with the court. Each one has limits written into the rule.

A minor is "an individual who is less than 18 years of age," under MCL 700.1106(c). MCR 5.105(D) adds: "For purposes of service, an emancipated minor without a guardian or conservator is not deemed to be under legal disability." If a ward lives in a hospital or another institution, the rule for institutions above applies.

When an address cannot be found

Some interested persons have moved or lost touch with the family. Under MCR 5.105(A)(3), "An interested person whose address or whereabouts is not known may be served by publication if a declaration of intent to give notice by publication, verified under MCR 1.109(D)(3), is filed with the court." The declaration "must set forth facts asserting that the address or whereabouts of the interested person could not be ascertained on diligent inquiry."

Publication runs in a newspaper "one time at least 14 days before the date of the hearing," under MCR 5.106(A). Before that step, our servers work to locate the person, and a skip trace can be added to the serve as an add-on. A dated record of each attempt gives the petitioner facts to put in that declaration. Hard serves are covered in What to Do When the Defendant Avoids Service of Process, and the civil publication rule in Service by Publication or Posting in Michigan.

Waivers and consents

Not every interested person has to be served. MCR 5.104(B)(1) says "The right to notice of hearing may be waived." Under MCR 5.104(B)(2), "An interested person who consents to an application, petition, or motion does not have to be served with or waive notice of hearing on the application, petition, or motion." A waiver or a consent is made either on the record at the hearing or in a dated, signed writing. If some people on the list have signed one, say so in the request.

The proof goes back to the court

Proof is due before the hearing. MCR 5.104(A)(1) reads: "Whenever service is required by statute or court rule, a proof of service must be filed promptly and before a hearing to which the document relates." It must include "a description of the documents served, the date of service, the manner and method of service, and the person or persons served." The statute agrees. Under MCL 700.1401(3), "Proof that notice was given must be made at or before the hearing and filed in the proceeding."

The server's part is a signed statement. MCR 5.104(A)(2)(b) allows "a written statement by the individual who served the notice of hearing or other documents, verified under MCR 1.109(D)(3)." The state's probate Proof of Service, Form PC 564, has a section that reads "According to court rule, I served by personal service the papers described above on:" with lines for the name, the complete address of service, and the date and time. It closes: "I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my information, knowledge, and belief."

We return a signed proof that records the papers, the person, the place, and the date and time of each completed serve. More on proofs in general civil cases is in Proof of Service in Michigan: What MCR 2.104 Requires.

What to send with a probate service request

Most delays on a probate serve come from a missing detail. Sending the following with the request removes most of them.

  • The papers: the notice of hearing, the copy of the petition or motion, and any other document the rules say must be served.
  • The court, the hearing date and the time, so attempts can be planned well ahead of the 7-day mark.
  • Each person to be served: full name, current address, workplace, realistic hours, and a recent photo or description if you have one. More on this is in What Your Process Server Needs Before the First Attempt.
  • Anything that changes the method: a ward who is 14 or older, a person living in a hospital or another institution, or an interested person whose attorney has filed an appearance.
  • Who has signed a waiver or consent, so no one is served by mistake.
  • How to reach you, by phone or email, in case a detail changes.

What a process server does not do

Our part in a probate matter is narrow on purpose. We take the papers that are ready, deliver them in a manner the rules allow, document every attempt, and return a signed proof of what happened.

We do not prepare the petition or the notice of hearing, decide who is an interested person, speak at the hearing, or give legal advice. We are not a law firm and we are not the court, and we cannot look up a case, a hearing date or a judge.

If your probate papers are ready to serve, request a process server or call (248) 268-0097.

Sources

This article describes what the Michigan Court Rules, the Estates and Protected Individuals Code and the state's probate proof of service form say about serving probate papers. It quotes the rule language as published in the Michigan Court Rules updated September 2, 2026, the statute language as published by the Michigan Legislature on October 24, 2026, and SCAO Form PC 564. It is general information about process serving, not legal advice. Service requirements differ between states and can differ by venue, so confirm the requirements for your matter with the probate court handling it or with your attorney.