Estate accounting in Michigan: what to expect and how to ask the probate court to compel one
Detailed Answer — Your rights and the court’s power under Michigan law
Under Michigan law, the personal representative (sometimes called an executor) who administers a probate estate owes fiduciary duties to the estate and to interested persons. Those duties include keeping accurate records, safeguarding estate property, and providing transparency about estate money and transactions. Michigan’s statutory probate law (the Estates and Protected Individuals Code) governs administration procedures and the court’s authority. The statute book for the Code is available online: Estates & Protected Individuals Code (Chapter 700), Michigan Compiled Laws.
In practice, the court can require accountings and documentation from a personal representative. Interested persons — typically heirs, beneficiaries named in a will, creditors with allowed claims, and sometimes devisees who would inherit under intestacy — have several ways to obtain an accounting:
- Ask the personal representative informally for an inventory and records (receipts, bank statements, sale documents, disbursement ledgers).
- Send a written demand to the personal representative requesting an accounting and a copy of the estate inventory and transaction records. Keep a copy of the demand.
- If the personal representative does not respond or you suspect wrongdoing, file a petition in probate court asking the judge to order the personal representative to file a formal account and to produce supporting documentation.
The probate court has powers to compel production of an account, to review the account, and to take remedial action if the account shows problems. Remedies can include ordering a corrected accounting, assessing surcharges (financial penalties) when funds are misapplied, removing the personal representative for cause, requiring bonding, or finding the representative in contempt when appropriate. The probate judge decides what remedy fits the facts after considering the account, evidence, and any objections by interested persons.
Typical content of an accounting or formal account includes:
- An inventory of estate assets at the time of appointment.
- All receipts and sources of funds collected by the estate (sale proceeds, bank interest, insurance payouts, etc.).
- A detailed list of disbursements (payments to creditors, distributions to beneficiaries, administrative expenses, taxes, attorney or personal representative fees).
- Bank statements and copies of major transactional documents (deeds of sale, bills of sale, closing statements).
- Proposed distributions and final accounting figures when estate administration is complete.
Timing: many personal representatives file an initial inventory and later a final account when they seek closing and distribution approval. However, interested persons may ask the court to compel an accounting at any reasonable time during administration if transparency is needed. If you want an accounting early, petitioning the probate court is the formal route.
Practical note: courts typically encourage parties to try informal resolution first (requesting records, meeting with the personal representative, using mediation where available). If that fails, file the appropriate petition and supporting documentation with the probate court in the county where the estate is being administered. Court clerks can provide local procedures and required forms or you can consult a Michigan probate attorney to prepare the petition and to represent you at hearings.
Important: This article explains how the process generally works under Michigan probate law but does not replace advice from a lawyer about your specific situation.
How to ask the court to compel an accounting — step-by-step
- Identify whether you are an interested person: heir, beneficiary, or creditor. Only interested persons normally have standing to demand court action.
- Request records informally in writing. Ask for the inventory, bank statements, receipts, and a ledger of receipts and disbursements. Keep dated copies of your requests.
- If no adequate response, file a Petition with the probate court. Titles vary, but you will typically file a petition to require the personal representative to file an accounting or to compel production of estate records. Include a short factual summary, what you requested, and what relief you seek.
- Serve the personal representative and other required parties with the petition and notice per the court’s local rules.
- Attend the hearing. Bring copies of your written requests and any other evidence showing non-compliance or suspicious transactions.
- If the court orders an accounting and the account still shows problems, you can object formally to the account and ask the court for relief (surcharge, removal, additional discovery, etc.).
Because probate procedure and required forms differ by county, check with the local probate court clerk or the court’s website for exact filing steps and fees. The statewide Michigan Courts website is: courts.michigan.gov.
Common issues an accounting can reveal
- Missing assets or unexplained transfers of estate property.
- Excessive or unsupported administrative fees or attorney fees.
- Failure to collect estate assets (uncollected receivables, unpaid insurance, etc.).
- Potential self-dealing (transactions that benefit the personal representative personally without disclosure or court approval).
- Incorrect distributions to beneficiaries or overlooked creditors.
Helpful Hints — practical tips for beneficiaries and interested persons
- Start by asking for an inventory and bank statements — many problems resolve with clear records.
- Make all requests in writing and keep copies and proof of delivery.
- Learn who the personal representative is and which probate court handles the estate (the county where the decedent lived when they died).
- Check the probate court’s online docket or contact the clerk to see if an inventory or account has already been filed.
- If you see large or unusual transactions, ask for supporting documents (sale contracts, receipts, canceled checks, settlement statements).
- Act promptly. Delay can make recovery harder and may affect your legal remedies.
- Consider mediation if relationships are strained — probate courts sometimes encourage or require alternative dispute resolution before full hearings.
- If you suspect fraud, theft, or serious mismanagement, consult a probate attorney promptly; emergency relief (like a temporary restraining order or removal motion) may be available.
- Keep expectations realistic: court-ordered accountings take time and may involve court costs; weigh the likely recovery against the time and cost of litigation.