Recovering a Cash Bequest from a Sibling’s Estate — What to Do in Michigan

This article explains the steps a beneficiary should take in Michigan when a sibling’s estate names you for a cash bequest but the personal representative (executor) won’t cooperate. It assumes you start with little or no knowledge of the probate process. Read carefully and act promptly. This is educational information, not legal advice.

Quick summary

If the estate has been opened in probate, you can demand an accounting, ask the probate court to enforce the will, and, if necessary, petition to remove or surcharge the personal representative. If the estate has not yet been probated, you can ask the court to open probate and have the court appoint someone who will distribute estate assets according to the will. If the estate is small, there may be a simplified process. Keep records, send written demands, and be prepared to file a petition in probate court or a civil suit if the executor misappropriates funds.

Detailed answer — Step‑by‑step under Michigan law

1. Confirm the facts

– Obtain a copy of the will and any probate filings. A will names the personal representative and states bequests. If you don’t have the will, contact the probate court in the county where your sibling lived or where you think the estate would be probated and ask whether a probate file exists.

2. Determine whether the estate is in probate

– If someone already opened a probate estate, there will be a docket number and the court will have issued letters of authority (letters testamentary or letters of authority to administer). If you find no probate case, you (or an interested person) can petition the probate court to open probate and have the will proved and the personal representative appointed.

Helpful probate court resources and forms are available from the Michigan Courts: Michigan Probate Forms and Information.

3. Put your demand in writing

– If the estate is open and the personal representative won’t cooperate, send a clear written demand. State who you are, what the bequest is, and request an accounting and payment. Keep copies and send by certified mail or another trackable method. A written demand creates a record and is often required before court action.

4. Ask the personal representative for an accounting

– A personal representative has a duty to collect assets, preserve estate property, pay debts and taxes, and distribute assets to beneficiaries. If the executor refuses to provide an accounting or refuses to distribute assets you are entitled to, you can ask the probate court to compel an accounting and to enforce the will. Michigan’s Estates and Protected Individuals Code (EPIC) sets out the probate framework; see the statutory provisions governing the duties and powers of a personal representative: MCL 700.1101 et seq. (EPIC).

5. File a petition in probate court

– If the personal representative ignores demands, file a petition in probate court. Typical petitions include:

• Petition to compel an accounting or inventory and to compel distribution;
• Petition to compel payment of a specific bequest;
• Petition to remove the personal representative for failing to perform duties; and
• Petition to surcharge the personal representative (a court-ordered money judgment against the personal representative) for losses caused by misconduct or negligence.

The probate court has authority to require accountings, to order distribution, to remove a personal representative, and to award other relief appropriate under EPIC. See the Estate Code for procedures and available remedies: MCL 700.1101 et seq..

6. Consider removal or surcharge if the executor breaches duties

– If the personal representative has misused estate funds, failed to act, or engaged in bad faith, you can ask the court to remove them and to hold them personally liable (surcharge) for losses. The court can also order an accounting, require return of assets, and impose other remedies. When misconduct is serious (conversion, theft), criminal referral and a civil action for conversion or breach of fiduciary duty may be appropriate.

7. Use small‑estate or short‑form procedures if applicable

– Michigan provides simplified procedures for small estates and for transfers of certain personal property without full administration. If the estate’s assets are small or limited to specific personal property, you may be able to use a faster process to obtain the bequest or transfer certain items. Check with the probate court about whether a simplified procedure applies to your situation.

8. If the executor is withholding funds deliberately, consider civil actions

– If the personal representative refuses to pay a valid bequest after court orders, you may need a contempt proceeding or a separate civil suit against the personal representative for breach of fiduciary duty, conversion, or money had and received. The probate court usually has primary jurisdiction over probate-related disputes, but civil remedies can run in parallel depending on the facts.

9. Gather documents and evidence

– Collect: the will, letters testamentary (if issued), communications with the executor, bank and asset statements showing estate assets, funeral and creditor payment records, and any receipts. Evidence of the executor’s refusal or misappropriation strengthens a petition for court relief.

10. Get an attorney when necessary

– If the executor refuses to cooperate, the situation involves contested proceedings, or the amount at issue is significant, consult an attorney experienced in Michigan probate litigation. An attorney can draft petitions, represent you in court, and protect your rights. For referrals, see the State Bar of Michigan resources: Michigan Bar Lawyer Referral.

Practical timeline and costs

– Timelines vary. A straightforward accounting or payment may resolve in weeks. Contested petitions, removal, or surcharge proceedings can take months. Costs include court filing fees and attorney fees. In some cases the estate pays necessary legal fees; in contested matters, the court may award fees against a personal representative who acted improperly.

Helpful hints

• Act promptly. Deadlines and statutes of limitation may apply.
• Keep a clear paper trail: all letters, emails, calls (note date/time), and certified mail receipts.
• Request certified copies of probate court filings and letters of authority from the court clerk.
• Ask the probate court clerk about small‑estate options before filing a full petition.
• Send a polite but firm written demand before filing in court; courts expect beneficiaries to try informal resolution first.
• If the personal representative has a bond, the bond may cover losses caused by misconduct—ask the court about bonding and claims against the bond.
• Preserve any bank statements or other proof that estate assets existed and were available for distribution.
• Consider mediation or settlement if the personal representative and beneficiaries can reach a solution—courts often encourage settlement to avoid costly litigation.
• When in doubt about procedure or statutes, consult a Michigan probate attorney to protect deadlines and rights.

Disclaimer: This information is educational and does not constitute legal advice. Laws change and every situation is unique. To protect your legal rights, consult a licensed Michigan attorney who can advise you about the specific facts of your case.