Detailed answer — how unauthorized charges to a parent’s estate are handled in Michigan probate
When someone makes charges against a deceased person’s bank accounts, credit cards, or estate property without legal authority, Michigan probate law treats those transactions as potentially improper transactions that the estate (through the personal representative) and interested persons can challenge in probate court. The basic steps under Michigan law are:
1) Identify the transaction and preserve evidence
Gather bank statements, credit-card records, bills, receipts, email or text messages, and any authorizations (powers of attorney, court orders, or written permission). Preserve the original records and take screenshots or make copies. If you suspect criminal activity (theft, fraud, identity theft), preserve those records and consider notifying law enforcement.
2) Request an accounting and inventory from the personal representative
The personal representative (PR) or executor has a fiduciary duty to collect the decedent’s assets, pay valid debts and taxes, and distribute the remainder to heirs or beneficiaries. That duty normally includes preparing an inventory of assets and regular accountings of receipts and disbursements. Ask the PR in writing for a full accounting. If the PR refuses, you can ask the probate court to order one.
3) Object in probate court and file a petition if needed
If the accounting shows unauthorized charges or if the PR will not provide an accounting, an interested person (an heir, beneficiary, creditor, or sometimes a spouse) can file an objection or a petition in the probate court. Typical petitions include requests that the court:
- Require the PR to file a formal accounting and produce documents;
- Approve or disallow particular disbursements as authorized or unauthorized;
- Surcharge the PR — that is, hold the PR personally liable for losses caused by improper or negligent acts; and
- Remove and replace the PR for misconduct or incapacity.
4) Recovery and remedies
If the court concludes charges were unauthorized, the court can order remedies including:
- Ordering the person who received the funds to return them to the estate.
- Surcharging the PR for losses caused by the PR’s improper actions or failure to safeguard estate assets (the PR can be required to pay estate funds back from personal assets).
- Authorizing the estate to bring a civil claim against a third party who converted or misused estate funds.
- Removing the PR and appointing a successor PR.
5) Criminal referral
Unauthorized charges that amount to theft, embezzlement, fraud, or identity theft can be criminal offenses. The probate court cannot itself impose criminal penalties, but the court or an interested person can refer suspected criminal conduct to law enforcement or the prosecutor.
How this fits into Michigan law
Michigan’s Estates and Protected Individuals Code governs probate practice and the duties of personal representatives. The Code establishes the PR’s duty to collect assets, keep records, present inventories and accountings, and act in the estate’s best interest. Where a PR breaches those duties, the probate court can compel an accounting, impose a surcharge, or remove the PR. For the statute that establishes Michigan’s probate framework, see the Estates and Protected Individuals Code (Public Act 386 of 1998), commonly cited as MCL 700.1101 et seq.: 1998 PA 386 (EPIC). For general probate court information and local procedures you can also consult the Michigan Courts probate resources: Michigan Courts.
Practical example (hypothetical)
Suppose your parent died and their bank account shows a $12,000 withdrawal two months after death. The personal representative authorizes no such withdrawal and says they didn’t know about it. Steps you would likely take:
- Ask the PR for the bank statement and any explanation in writing.
- If unsatisfied, request that the PR file a formal accounting with the probate court showing receipts and disbursements.
- If the accounting shows the withdrawal was improper and the PR took no action to recover funds, file a petition asking the court to require recovery, surcharge the PR if they were negligent, and, if appropriate, remove the PR for failure to protect estate assets.
- Consider reporting the withdrawal to local law enforcement for possible theft or identity fraud.
Timing and deadlines
Time limits vary depending on the type of claim (creditor claims against the estate, civil lawsuits against third parties, or actions to surcharge a PR). Do not delay. If you suspect unauthorized charges, act promptly to preserve evidence and check with a probate attorney about relevant deadlines.
Helpful hints
- Ask for written documentation. Always request a written accounting and copies of bank statements and invoices.
- Preserve originals. Keep original statements, check images, and any emails or texts that relate to the charges.
- Communicate in writing. Send requests and complaints to the PR by certified mail or email so you have a record.
- Don’t move assets. Avoid transferring or spending contested funds until the court resolves the issue.
- Consider a temporary restraining order. If assets are at risk of dissipation, the court can freeze accounts on a proper showing.
- Think civil and criminal. Unauthorized charges can support both probate remedies (accounting, surcharge, removal) and criminal charges — consider both routes.
- Work with a probate attorney. A lawyer can file petitions, prepare an accounting challenge, and advise about deadlines and evidentiary needs.
- Keep beneficiaries informed. Heirs and beneficiaries have an interest in the estate and may join a petition or object to an accounting.
- Check local probate rules. Each county’s probate court may have specific forms and procedures—contact your local probate court clerk or check the Michigan Courts website for guidance.
Disclaimer: This article explains general Michigan probate concepts and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Michigan probate attorney.