July 1, 2004

ADM File No. 2003-60


Amendment of
Rule 5.125 of the
Michigan Court Rules
___________________


     On order of the Court, notice of the proposed changes and an opportunity for
comment in writing and at a public hearing having been provided, and consideration
having been given to the comments received, the following amendments of Rule 5.125 of
the Michigan Court Rules are adopted, effective September 1, 2004.

                  

ICLE Editor's Note:
                                
                                
[Italicized, bracketed text] indicates text that has been deleted.
                                
             Bold text  indicates new text.
                            

                                

Rule 5.125     Interested Persons Defined

(A)-(B)   [Unchanged.]

(C)  Specific Proceedings. Subject to subrules (A) and (B) and MCR 5.105(E), the
following provisions apply. When a single petition requests multiple  forms of
relief, the petitioner must give notice to all persons interested in each type of relief:

     (1)-(5)   [Unchanged.]
     
     (6)  The persons interested in a proceeding for examination of an account of a
fiduciary are the 
     
          (a)  devisees of a testate estate, and if one of the devisees is a trustee or a
trust, the persons referred to in MCR 5.125(B)(3),
          
          (b)  heirs of an intestate estate,
          
          (c)  protected person and presumptive heirs of the protected person in a
conservatorship,
          
          (d)  claimants, [and]
          
          (e)  current trust beneficiaries in a trust accounting, and
          
          (f)     such other persons whose interests would be adversely
affected by the relief requested, including insurers and sureties who might be subject to
financial obligations as the result of the approval of the account.
          
     (7)-(31)  [Unchanged.]
     
(D)-(E)   [Unchanged.]

     Staff Comment:  The July 1, 2004, amendment of MCR 5.125, effective
September 1, 2004, added persons and entities such as insurers and sureties whose
interests would be adversely affected to the list of interested persons who must receive
notice of a proceeding for an examination of an account of a fiduciary.
     
     The staff comment is not an authoritative construction by the Court.

     Cavanagh, J. (dissenting).  I dissent as I see no need to add this additional
requirement.

     Kelly, J., concurs with Cavanagh, J.