Notice to Spouse of Rights of Election and Allowances, Proof of Service, and Election
Michigan · Michigan State Court Administrative Office · Effective June 1, 2017
This form is a notice given to a surviving spouse explaining their choices regarding property in an estate. It asks the spouse to choose how they want to claim property based on whether a will existed or not.
The court describes it as: Court rule / statute: MCL 558.1, MCL 558.2, MCL 700.2202, MCL 700.3705, MCR 5.305
Where this fits in a case
HearingStage: Hearing
This form is used in a probate case when a surviving spouse needs to make a choice about their rights to property in the estate. The choice must be made within a certain time frame after certain documents are presented or served.
Prepared by the court or clerk.
Common questions
- What is this form for?
- This form is a notice to a surviving spouse that explains their rights regarding property in an estate. It asks the spouse to make an election about how they want to claim property.
- When must the spouse make this election?
- The election must be made within 63 days after the date for presentment of claims, or within 63 days after service of inventory, whichever is later.
- Who fills out the election part?
- The spouse makes the election by choosing one of the options provided on the form.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect June 1, 2017.
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