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The Michigan MC 20 form serves as a crucial document for individuals seeking a waiver of filing fees in probate cases. This form is specifically designed for those who may be unable to afford the associated costs due to financial hardship. Applicants must provide information regarding their financial status, including details about public assistance programs they may be enrolled in, such as the Food Assistance Program or Medicaid. The form also allows individuals to indicate if they are represented by a legal services program or law school clinic. If neither of these applies, applicants must disclose their gross household income, household size, and any relevant assets and obligations. The completed form must be filed with the court clerk, and once a decision is made regarding the fee waiver request, the applicant is responsible for serving the decision to the other party involved in the case. The court will evaluate the request based on established poverty guidelines and may grant or deny the waiver accordingly, ensuring that those in financial need have access to the legal system.

Form Example

Original - Court

3rd copy - Friend of the court

1st copy - Applicant

(when applicable)

2nd copy - Other party

JIS CODE: OSF

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT COUNTY PROBATE

FEE WAIVER REQUEST

CASE NO.

Court address

Plaintiff’s/Petitioner’s name

Plaintiff’s/Petitioner’s attorney, and bar no.

v

Court telephone no.

Defendant’s/Respondent’s name

Defendant’s/Respondent’s attorney and bar no.

Probate In the matter of

Instructions: Complete the form and file it with the clerk. After you receive a decision on your request, you must serve your request and the decision on the other party.

I request a waiver of my filing fees for the following reason: (Check 1, 2, or 3)

1. I receive the following type(s) of public assistance because of indigence:

Food Assistance Program through the State of Michigan (also known as FAP or SNAP)

Medicaid (including Healthy Michigan, CHIP, and ESO)

Family Independence Program through the State of Michigan (also known as FIP or TANF)

Women, Infants, and Children benefits (WIC)

Supplemental Security Income through the federal government (SSI) Other means-tested public assistance:

My public assistance case number(s) (if any) is

 

.

 

Write “none” if no case number. Do not write your SSN.

2. I am represented by a legal services program or I receive assistance from a law school clinic because of indigence. The name of the legal services program or law school clinic is

 

 

 

 

 

 

 

 

 

.

3. I am unable to pay the fees and I did not check item 1 or 2.

 

 

My gross household income is $

 

every

 

.

 

The number of people in my household is

 

 

. Week/Two weeks/Month/Year

 

 

My source of income is

 

 

 

 

 

.

List assets and their worth, such as bank accounts. If you need more space, attach a separate sheet.

List obligations and how much you pay, such as rent or other debts. If you need more space, attach a separate sheet.

I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Date

 

Signature

FOR CLERK USE ONLY: Payment of filing fees is waived.

 

Date

 

Signature of court clerk

MC 20 (2/19) FEE WAIVER REQUEST

MCR 2.002

Fee Waiver Request (2/19)Case No.

ORDER

IT IS ORDERED:

1. Payment of filing fees is waived because:

a. Your gross household income is under 125% of the federal poverty guidelines.

b. Your gross household income is above 125% of the federal poverty guidelines, but payment of the fees would constitute a financial hardship for you.

c. Other:

If you become able to pay the fees before this case is resolved, you must notify the court.

2. The fee waiver request is denied because:

a. Your gross household income is above 125% of the federal poverty guidelines and payment of the fees would not constitute a financial hardship for you.

b. Other:

Date

 

Judge

Bar no.

Document Specs

Fact Name Fact Description
Purpose The Michigan MC 20 form is used to request a waiver of filing fees in probate court due to financial hardship.
Eligibility Individuals may qualify for a fee waiver if they receive public assistance, are represented by a legal services program, or cannot afford the fees.
Governing Law The form is governed by the Michigan Court Rules, specifically MCR 2.002, which outlines the process for fee waivers.
Filing Instructions Applicants must complete the form and file it with the court clerk. After a decision is made, they must serve the request and decision to the other party.
Income Assessment The court assesses gross household income against federal poverty guidelines to determine eligibility for a fee waiver.
Clerk's Role The court clerk reviews the request and decides whether to waive the filing fees based on the provided information.
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