Form PC 602, Order Appointing Special Fiduciary and/or Suspending Powers of Fiduciary – Michigan

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Form PC 602, Order Appointing Special Fiduciary and/or Suspending Powers of Fiduciary – Michigan

PC 602 is the Michigan SCAO-approved probate court order that appoints a special fiduciary and/or suspends a fiduciary's powers. Fill it out online on FillingPDF and download or print the completed PDF.
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PC 602 is the Michigan probate court order, approved by the State Court Administrative Office (SCAO), that appoints a special fiduciary, suspends the powers of a fiduciary, or does both. It records the court's findings about what the fiduciary failed to file, then sets out the court's orders, including bond, duties and the deadline for the suspended fiduciary's account. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Michigan courts.

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What is PC 602?

Form PC 602, Order Appointing Special Fiduciary and/or Suspending Powers of Fiduciary, is a State of Michigan probate court order that appoints a special fiduciary, suspends a fiduciary's powers, or does both in a matter pending before the court.

The form carries the printed citations MCL 700.1309, MCR 5.203(D) and MCR 5.204, and is marked "Approved, SCAO" (State Court Administrative Office). It is a single page, with JIS Codes SPO and OAF printed in the corner.

The order has two parts. Under THE COURT FINDS, the court records that the fiduciary failed to file an inventory, an account, a report of guardian on condition of ward, or a notice of continued administration or a paper required to close the estate. It also states why prompt and proper administration requires a special fiduciary, or finds that no qualified, suitable individual is willing to act and that a professional guardian/conservator as special fiduciary is in the best interest of the ward, in which case a bond must be filed.

Under IT IS ORDERED, the court suspends the fiduciary's powers, names the special fiduciary with address and telephone number, sets the bond amount and the duties, and states whether a petition to remove the fiduciary has been filed. If no person is available to act, the order instead suspends the fiduciary's powers until further order, and the suspended fiduciary must file an account within 28 days.

Who needs to file PC 602?

PC 602 is used in Michigan probate court matters in which a fiduciary is not performing, and the court decides to suspend that fiduciary's powers or appoint a special fiduciary. The judge signs it as an order of the court.

The form shows who is affected by it:

  • The fiduciary named in item 1, whose powers are suspended under item 4 or item 6.
  • The special fiduciary named in item 5, who gives bond or files an acceptance of appointment as the order directs, and carries out the duties it lists.
  • Interested persons, who under item 6 may petition for removal of the fiduciary and appointment of a successor.
  • The ward, where the court finds under item 3 that a professional guardian/conservator as special fiduciary is in the ward's best interest.

The form does not say who prepares the order for the judge. It lists the people who receive mailed copies: the fiduciary, the attorney of record, all interested persons of record, the sureties and the SRA.

When to file PC 602

The triggering event is the court's finding that the fiduciary has failed to file an inventory, an account, a report of guardian on condition of ward, or a notice of continued administration or a paper required to close the estate, and that prompt and proper administration requires action. The form prints no filing deadline of its own.

Once the order is entered, one deadline runs from it: under item 7, the suspended fiduciary must file an account with the court and serve it on the interested persons within 28 days. Where no person is available to act as fiduciary, item 6 suspends the powers until further order of the court, and interested persons may petition for removal and appointment of a successor.

Documents you need

  • Bond in the amount stated in item 5: the special fiduciary gives it when the bond box is checked, and a bond must be filed where item 3 applies (professional guardian/conservator as special fiduciary).
  • Acceptance of appointment: the special fiduciary files it when that box is checked in item 5.
  • Petition to remove the fiduciary: the special fiduciary must file it when item 5 states that none has been filed.
  • Account of the suspended fiduciary: filed with the court and served on the interested persons within 28 days, as item 7 requires.

How to fill out PC 602

  1. Enter the court and case details

    At the top, enter the county, court address and telephone number, the case number and judge, and the name of the person in the matter (first, middle and last name) under "In the matter of".

  2. Check the order type

    The title allows an order appointing a special fiduciary, an order suspending powers of fiduciary, or both. Check the boxes that match the relief the court is granting.

  3. Name the fiduciary and the failures

    In item 1, enter the fiduciary's name and check each failure that applies: inventory, account, report of guardian on condition of ward, or notice of continued administration or paper required to close the estate.

  4. State why a special fiduciary is needed

    In item 2, write the reason prompt and proper administration of the estate requires a special fiduciary. Check item 3 instead if no qualified individual is willing to act and a professional guardian/conservator is in the ward's best interest.

  5. Suspend the fiduciary's powers

    Check item 4 if the powers of the fiduciary are suspended.

  6. Appoint the special fiduciary

    In item 5, enter the special fiduciary's name, address, city, state, ZIP and telephone number. Check whether the special fiduciary must give bond (enter the amount) or file an acceptance of appointment, and write the duties.

  7. Address the removal petition

    In item 5, check the statement that a petition to remove the fiduciary has not been filed and that the special fiduciary must file it, if that applies.

  8. Complete item 6 if no one is available

    If there is no person available to act as fiduciary, enter the fiduciary's name and title whose powers are suspended until further order. Check the estate-administration-closed box if that applies.

  9. Confirm the 28-day account

    Item 7 requires the suspended fiduciary to file an account with the court and serve it on the interested persons within 28 days. Keep it in the order if it applies.

  10. Complete the signature and copies block

    Leave the judge signature and date for the judge. In the "Copies mailed to" block, mark the fiduciary, attorney of record, all interested persons of record, sureties or SRA, and add the date and "By" line.

  11. Review and download the completed PDF

    Check that only the items that apply are completed and that names and amounts match the court file. Download or print the completed PDF from FillingPDF and take it to the court for the judge's signature.

How to submit PC 602

PC 602 is an order that the probate court judge signs, so it is delivered to the court rather than to an agency. The form prints a court address and court telephone number at the top and names no separate filing channel.

  • Court: the order is issued in the probate court of the county named at the top of the form, under the case number shown. Contact the court at the address and telephone number on the form for how it accepts proposed orders.
  • Copies: the bottom of the form has a "Copies mailed to" section with boxes for the fiduciary, the attorney of record, all interested persons of record, the sureties and the SRA, with a date and a "By" line.
  • Follow-up filings: the special fiduciary may have to file an acceptance of appointment or give bond, and the suspended fiduciary files an account within 28 days; these go to the court.

FillingPDF lets you fill out and download the PDF; submission follows the court's channels described above.

Common mistakes to avoid

  • Checking none of the four failure boxes under item 1, which leaves the finding about what the fiduciary did not file unsupported.
  • Leaving item 2 blank when it is the basis for the special fiduciary appointment; the reason prompt and proper administration requires one must be written in.
  • Choosing the professional guardian/conservator finding in item 3 without recording that a bond must be filed.
  • Completing item 5 without the special fiduciary's address and telephone number, or without the bond amount when the bond box is checked.
  • Filling in both item 5 and item 6 when they cover different situations: item 5 appoints a special fiduciary, item 6 applies when no person is available to act.
  • Omitting the duties of the special fiduciary after item 5, or the statement that the special fiduciary must file the removal petition when none has been filed.
  • Leaving off the 28-day account deadline in item 7 or forgetting that the account must also be served on the interested persons.
  • Submitting the order without the judge's signature and date, or without marking who the copies are mailed to.

Frequently asked questions

What is Form PC 602?

PC 602 is the Michigan probate court order that appoints a special fiduciary and/or suspends the powers of a fiduciary. It is approved by the State Court Administrative Office (SCAO) and cites MCL 700.1309, MCR 5.203(D) and MCR 5.204.

What reasons can the court give for suspending a fiduciary?

Item 1 lists four failures: not filing an inventory, an account, a report of guardian on condition of ward, or a notice of continued administration or a paper required to close the estate. Item 2 adds why prompt and proper administration requires a special fiduciary.

Does the special fiduciary have to post a bond?

It depends on the order. Item 5 has a box for giving bond in a stated amount, and an alternative to file an acceptance of appointment. Where item 3 applies, a professional guardian/conservator serves as special fiduciary and a bond must be filed.

How long does a suspended fiduciary have to file an account?

Within 28 days. Item 7 says the suspended fiduciary must file an account with the court and serve it on the interested persons within 28 days of the order.

What is the difference between item 5 and item 6 on PC 602?

Item 5 appoints a named special fiduciary. Item 6 applies when no person is available to act as fiduciary: the named fiduciary's powers are suspended until further order, and interested persons may petition for removal and appointment of a successor.

Can I fill out PC 602 online?

Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the order with the court; the judge signs it and it follows the court's own channels.

Who signs Form PC 602?

The judge signs and dates it. The form has a single signature block for the judge, followed by a section showing who copies are mailed to: the fiduciary, attorney of record, interested persons of record, sureties or SRA.

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