Husband petition court to order medical examination of his wife and to appoint a GAL for her. He also filed a petition in probate seeking letters of guardianship and conservatorship as to his wife. Domestic Relations court stayed its proceedings pending guardianship proceeding. Probate ordered an examination but the Wife filed a petition for removal in circuit court seeking to transfer guardianship from probate to circuit court. The circuit court granted the petition. The Husband petition the Supreme Court for a writ of mandamus.

The Supreme Court agreed with the husband that there was no “administration or conduct of guardianship or conservatorship” to be removed when the Wife filed her petition. Filing a petition of the administration of estate does not begin the administration. The probate court must act upon the petition to activate the proceedings which may then be removed.

In this case, the probate court had not decided whether the Wife required the appointment of a guardian or conservator so the circuit court lacked jurisdiction to remove the guardianship proceedings from probate.

Writ of mandamus issued.