A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings before the probate court, even if such person is not actively participating in the proceeding. Moreover, one must qualify as an “interested person” in order to seek certain types of relief from the probate court. For example, an “interested person” may file a complaint with the probate court under MCL 700.1205(1), requesting that a person be ordered to appear before the court and be examined about the status of the assets of an estate, trust or conservatorship.
The “interested person” concept was at issue in In re Estate of Dennis Allen Haist, No 367156, 2025 WL 394604 (Mich Ct App Feb 3 2025) (unpublished). There, the decedent’s ex-wife Gretchen and daughter Beth filed a complaint asking that the probate court order the decedent’s other daughters Carol and Laura to appear before the court and be examined about allegedly missing assets under MCL 700.1205(1). Carol and Laura moved for summary disposition, arguing that Gretchen and Beth were not “interested persons” regarding decedent’s estate and that they therefore lacked standing to bring their complaint. The probate court granted summary disposition for Carol and Laura, and Gretchen and Beth appealed.
On appeal, Gretchen and Beth argued that they were “interested persons” because Gretchen was a creditor of the decedent’s under the parties’ judgment of divorce, and Beth was the decedent’s surviving child and heir. The Michigan Court of Appeals disagreed. As to Gretchen, the appellate court noted the probate court’s ruling that Gretchen had already received all she was entitled to receive from the decedent under the judgment of divorce and so she was not in fact a creditor of the decedent’s. While Gretchen had sought leave from the appellate court to appeal that ruling, her application had been dismissed because the decedent had died while Gretchen’s litigation was pending and she had failed to substitute the decedent’s estate for the decedent within 91 days as required by MCR 2.202(A)(1)(b).
As to Beth, the appellate court agreed that Beth was the decedent’s heir, but found that she had absolutely no interest in the decedent’s estate because the decedent had disinherited her under the most recent version of his will. Moreover, the only claimed damages were Gretchen’s rights under the judgment of divorce, which conferred no benefits upon Beth. As a result, neither Gretchen nor Beth was an “interested person” entitled to seek relief from the probate court under MCL 700.1205(1).
This ruling is a good reminder that a person must have a bona fide actual or potential interest in the subject matter of the litigation in order to qualify as an “interested person.” If the person has no conceivable interest in the estate or trust, then the person cannot qualify as an “interested person.” It is also important to remember that timely action is necessary to substitute a new party for a deceased party when a litigant dies during litigation.
