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What is the role of a jury in probate court?

On Behalf of | Nov 27, 2021 | Probate |

Probate court generally moves smoothly with little trouble finalizing the estate. Sometimes, though, there can be issues that come up, which would require a trial to make a determination.

The Michigan Court Rules explain during the probate process, it is possible to request a jury to make decisions about any contested issues. The state would then assemble the jury just as it would for other types of cases.

Requirements

If you wish to contest a will, you have the option to ask the court for a jury. It would be similar to the jury in any other case. You must file a demand with the court to get a jury. You also must pay a jury fee. If you do not make the demand and pay the fee, then the court assumes you waive the right to a jury.

Request timing

Your demand for a jury needs to go to the court within 28 days of bringing up your objection and wish to contest. If the trial will occur before 28 days, then you can file a demand anytime within the four days ahead of the trial.

Jury duties

The jury will act as it does in any other civil or criminal matter. The group of people hear the case during the trial from both sides and then render a decision based on estate law.

Choosing a jury is in opposition to letting the probate judge decide the issue. You should carefully consider if a jury would be beneficial to your case. It may not be the best decision to request one in every situation.