What Is a Proof of Service — And Why It Matters in Michigan Probate Cases

When you’re navigating a probate, guardianship, or conservatorship case, the court system can feel like a maze of forms, deadlines, and procedures. One document that often surprises people—yet plays a critical role in every case—is the Proof of Service.

If you’ve ever wondered what it is, why it matters, or how to complete one correctly, this guide breaks it down in plain English.

What Exactly Is a Proof of Service?

A proof of service is a document that tells the court that you properly notified all required individuals about your case. It confirms:

Who was served

What they were served with

How they were served

When the service happened

Think of it as the court’s receipt showing that everyone who has a legal right to know about the case actually received notice. This includes estranged parents and adult children.

In Michigan probate courts, the most commonly used form is PC 564 – Proof of Service. https://www.courts.michigan.gov/siteassets/forms/scao-approved/pc564.pdf

Why the Court Requires It

Due process is a cornerstone of the legal system. Before a judge can make decisions that affect someone’s rights—especially in guardianship or conservatorship cases—the law requires that all “interested persons” receive proper notice.

A proof of service:

Protects the rights of the individual at the center of the case

Ensures transparency

Prevents delays, adjournments, or even dismissal of your petition

Without a valid proof of service, the court simply cannot move forward.

What Information Goes Into a Proof of Service?

 A complete proof of service includes:

The name and address of each person served

The documents they received (e.g., Petition, Notice of Hearing)

The method of service, such as:

First‑class mail

Personal service

Certified mail

Electronic service (only when permitted)

The date the documents were sent or delivered

The signature of the person who performed the service

This last point is important: The person who serves the documents is the one who signs the proof of service.

Who Can Serve the Documents?

In most probate matters, you cannot serve the documents yourself if you are a party to the case. Someone else—often a staff member, process server, or another adult—must complete the service and sign the form.

When Does It Need to Be Filed?

The proof of service must be filed before the hearing, and the timing depends on the type of case. For example:

Many probate matters require 14 days’ notice by mail

Personal service often requires 7 days’ notice

Missing these deadlines can delay your hearing or require you to re‑serve everyone.

Why This Matters for Families and Professionals

Whether you’re a family member filing a guardianship petition, a social worker assisting a vulnerable adult, or a legal assistant preparing a case file, understanding the proof of service process helps ensure:

The case moves forward without unnecessary delays

Everyone’s rights are protected

The court has the information it needs to act

Navigating legal issues can be complex. While this article offers general insights, it is not a substitute for personalized legal counsel. We encourage you to seek the advice of a qualified legal professional to address your specific needs. To learn more about our services or schedule a consultation, please email Support@JMcCowanLaw.com