How to apply to serve as administrator of your mother’s estate in Michigan when she died without a will

Disclaimer: I am not a lawyer. This article explains general Michigan probate procedures to help you understand the process of asking a probate court to name you the personal representative (administrator) of an intestate estate. This is not legal advice. For advice about your specific situation, talk with a licensed Michigan attorney.

Detailed answer: step‑by‑step guide

When someone in Michigan dies without a will, they are said to have died “intestate.” The probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property according to Michigan law. Below are plain‑language steps you can follow to apply to serve as administrator of your mother’s estate.

1. Confirm whether the estate must go through probate

Not every estate needs full probate. Small estates and property passed by beneficiary designation or joint ownership may avoid formal probate. If your mother’s assets were mostly in accounts with named beneficiaries, jointly titled with rights of survivorship, or under the small‑estate thresholds, you may have a simplified path. Contact the local probate court or review the Michigan Courts information pages for guidance on small estates and simplified procedures: https://www.courts.michigan.gov/. For official guidance on forms and procedures see the Probate Forms and Information page: https://www.courts.michigan.gov/administration/supervisory-and-admin-offices/scao/resources-for-probate-courts/.

2. Identify the correct court and where to file

You file your petition in the probate court for the county where your mother lived at the time of death. Use the Michigan Courts website to find the county probate court’s location, hours, and local procedures: https://www.courts.michigan.gov/.

3. Who can be appointed as personal representative?

Priority for appointment typically follows close relatives and persons with the decedent’s interest. A surviving spouse or an adult child commonly petitions first. If several people want to serve, the court resolves disputes based on statutory priority, fitness, and whether the nominee is qualified and willing. If you are an heir (for example, a child), you generally may petition the court to be appointed administrator.

4. Prepare and file the petition for appointment

To begin formal probate you generally must file a Petition for Appointment of Personal Representative (or a similarly named petition required by the local court). Typical attachments include a certified death certificate and a completed heirs list. The probate clerk can tell you the precise forms required for your county.

When you file the petition you will state that the decedent left no will and ask the court to appoint you as personal representative. The court checks whether any other qualified person has filed and whether you meet the legal requirements (age, competence, criminal history, bondability, etc.).

5. Notice and publication

Michigan law requires notice to interested persons (heirs and certain creditors). The court or local rules will tell you how and when notice is given. In some cases, the court also requires publication of the petition in a local newspaper so unknown creditors can learn about the probate.

6. Bonds and waivers

The court may require a surety bond (insurance that protects the estate if the personal representative mishandles assets). Sometimes heirs can waive a bond in writing, or the court can dispense with a bond if a waiver or other protection is acceptable.

7. Court hearing and appointment

If there are no contested issues, the court may appoint you after filing and completing notice requirements. If someone objects to your appointment, the court will schedule a hearing to resolve the dispute.

8. Duties after appointment

As administrator you will have specific duties: locate and secure assets, prepare an inventory, notify and pay valid creditors, file tax returns, and distribute property to heirs according to Michigan intestacy rules. The court will require periodic filings—an inventory, accounting, and final petition for distribution—depending on the estate size and local rules.

9. Distribution under Michigan intestacy law

When there is no will, Michigan law determines who inherits. Generally, assets pass first to a surviving spouse and then to children, parents, siblings, or more distant relatives if there is no spouse or issue. Exact shares can depend on whether the decedent has a surviving spouse and surviving descendants. The controlling statutes are in Michigan’s Estates and Protected Individuals Code (EPIC); you can review the Michigan Legislature’s estate statutes here: https://www.legislature.mi.gov/ (search “estates and protected individuals code” or chapter 700).

10. Closing the estate

After debts and taxes are paid and assets distributed, you file a final accounting and a petition for discharge. If the court approves, the personal representative is discharged and the probate case closes.

Helpful hints

• Gather key documents before filing: certified death certificate, bank statements, account statements, title documents, and any beneficiary designations.
• Visit the local probate court clerk in person or call before filing. Clerks can tell you required local forms, fees, and timelines.
• Obtain certified copies of the death certificate from Michigan Vital Records: https://www.michigan.gov/mdhhs/services/vital-records/death-certificates.
• Look for accounts with named beneficiaries and property held jointly with rights of survivorship—these often pass outside probate.
• Protect estate assets right away: secure property, change passwords if necessary, and preserve records.
• Be mindful of creditor claim deadlines. The probate process includes steps to notify creditors so they can submit claims against the estate.
• If someone objects to your appointment, remain calm and consult an attorney. The court will follow statutory priority and evaluate objections at a hearing.
• If the estate is small, ask the court clerk about simplified or informal procedures that reduce time and cost.
• Keep accurate records of all receipts, disbursements, and communications; the court may require an inventory and accounting.
• Consider consulting a probate attorney if the estate has complex assets, tax issues, unclear heirs, real estate, or creditor disputes.

Useful official resources:

• Michigan Courts — general probate information and forms: https://www.courts.michigan.gov/
• Michigan Legislature — the Estates and Protected Individuals Code (EPIC), chapter 700: https://www.legislature.mi.gov/ (search for “EPIC” or chapter 700)
• Michigan Vital Records — obtaining certified death certificates: https://www.michigan.gov/mdhhs/services/vital-records/death-certificates

If you want, tell me the Michigan county where your mother lived and a few facts (approximate estate size, whether there is a surviving spouse, whether key accounts have beneficiaries). I can then give more tailored next steps and the likely local filings you will need.