Detailed answer: How to respond when a proposed administrator withholds estate assets and documents under Michigan law

This FAQ-style guide explains your rights and practical steps if a proposed estate administrator (a person seeking or holding letters of administration/personal representative status) is refusing to provide information about estate assets or is withholding estate documents in Michigan. This is a plain-language guide only — it is not legal advice.

Who has the right to estate information?

Under Michigan probate law, “interested persons” — typically heirs, beneficiaries named in a will, creditors, and sometimes the deceased person’s spouse — generally have the right to know about the estate administration and to inspect certain filings and records. The state’s probate system is public and overseen by the probate court.

Key legal framework: Michigan’s Estates and Protected Individuals Code governs probate practice (see the Michigan Legislature’s site for the statutes: https://www.legislature.mi.gov/). That code sets out duties for fiduciaries, how to open probate, how inventories and accountings work, and how interested persons can raise objections with the court.

Common signs the administrator is withholding information

• They refuse to share a copy of the will, court filings, inventory, or accounting.
• They decline to identify bank accounts, investment accounts, real property, or beneficiary designations.
• They delay or ignore written requests for documents.

Practical steps you can take right away

1. Ask for documents in writing. Send a written, dated request by email and certified mail (return receipt requested). Request specific documents: a copy of the death certificate, the will (if any), the probate petition, letters of authority (letters testamentary or letters of administration), the inventory, and any accountings filed with the court.
2. Obtain basic court information yourself. Contact the local probate court where the decedent lived and ask whether a probate case has been opened, who is listed as the proposed administrator, and whether letters of authority have issued. Many Michigan probate courts publish dockets and case summaries online or can provide copies of filed documents.
3. Get a copy of the letters of authority. If they hold letters of authority, those documents show what powers the administrator has. You can request a certified copy from the probate court clerk. If letters have not issued, the person’s power to act is limited.
4. Preserve evidence. Keep copies of written requests, responses, text messages, emails, and notes of phone calls. These records will help the court assess any misconduct.

Legal actions you can ask the probate court to take

If informal requests don’t work, the probate court can order disclosure and take corrective action. Typical court remedies in Michigan include:

• Motion to compel production or discovery. You can ask the court to order the administrator to produce documents or provide an inventory or accounting. The court controls discovery in probate matters and can compel compliance.
• Request a formal accounting. Fiduciaries generally must provide an accounting of estate transactions to interested persons and to the court. If no timely accounting has been filed, you can ask the court to require one.
• Object to issuance or continuation of letters. If you believe the proposed administrator is unfit or is acting improperly, you can file a written objection with the probate court before or after they receive letters. The court can deny or revoke appointment.
• Move for removal or surcharge. If the administrator misappropriates or wastes estate assets, the court can remove the administrator and require them to reimburse (surcharge) the estate for losses.
• Ask the court to appoint a special administrator. In urgent situations (risk of dissipation of assets), the court can appoint a temporary or special administrator to protect estate property.
• These remedies are part of the probate court’s powers under the Michigan Estates and Protected Individuals Code; check the Michigan Legislature site for the statutes and court procedures: https://www.legislature.mi.gov/

How to start a court action or raise the issue

1. File a petition or objection with the probate court. If you are already an interested person, you can file a written objection to the appointment or a petition asking the court for an order requiring production of documents or for other relief. The probate clerk can explain filing requirements and local forms.
2. Consider discovery tools. If the case is pending in probate court, you may be able to serve subpoenas or ask the court to order formal discovery (documents or sworn testimony).
3. Request an emergency hearing if assets are at risk. If you have credible evidence the administrator is hiding, removing, or wasting assets, ask the court for an expedited hearing and for temporary orders (for example, to freeze bank accounts or bar the sale of property).

When you should hire an attorney

If the administrator persists in withholding documents or if you suspect fraud, theft, or substantial mismanagement, consult a probate attorney. An attorney can:

• Prepare and file objections, petitions, motions to compel, or motions for removal.
• Obtain and review the estate filings and financial records.
• Represent you at hearings and handle formal discovery, subpoenas, and settlement negotiations.

If cost is a concern, check for free or low-cost legal services in Michigan (local legal aid programs, law school clinics, or county bar association referrals).

Helpful Hints

• Always make document requests in writing and keep copies of everything, including certified-mail return receipts.
• Ask the probate court clerk for case numbers, filed documents, and instructions on how to request records. Court clerks can tell you whether letters of authority have issued.
• Obtain a certified copy of the letters of authority early. If the proposed administrator doesn’t have court authority yet, their ability to act is limited.
• Do not try to take estate property by force or on your own. Follow court procedures to avoid allegations of misconduct.
• Ask for an accounting if you see suspicious transactions. The accounting will show assets, income, distributions, and fees.
• If assets may disappear, request an emergency hearing and ask the court to freeze accounts or appoint a special administrator.
• Keep communications professional and concise. Courts give weight to documented, reasonable attempts to resolve disputes before litigation.
• Consider mediation if both sides are willing. Courts often encourage settlement, and mediation can be faster and less costly than contested hearings.

Where to find more information and court help in Michigan

• Michigan Legislature — search the Estates and Protected Individuals Code (MCL Chapter 700) for statutory duties and probate procedures: https://www.legislature.mi.gov/
• Michigan Courts — general probate information, local probate court contacts, and forms: https://www.courts.michigan.gov/
• Contact your local probate court clerk for case status, filing instructions, and document requests.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Michigan attorney or legal aid program.