Michigan: How to Review and Correct Missing or Incorrect Probate Filings in a Father’s Estate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to review and correct missing or incorrect probate filings in a Michigan estate

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For decisions about your specific situation, consult a licensed Michigan probate attorney.

Detailed answer — step‑by‑step under Michigan law

If you believe filings in your father’s probate case are missing or contain errors, follow these steps to review the record and pursue corrections under Michigan probate practice.

1. Get the probate case file and register of actions

  • Contact the probate court where the estate was opened (usually the county where your father lived). Ask the probate clerk for the case number and how to access the case file (in‑person review, certified copy, or online register of actions).
  • Request copies of the petition for probate, the letters/or appointment of the personal representative, inventories, accountings, notices to heirs/creditors, orders, and any motions or objections on the record.
  • Many Michigan probate courts publish a register of actions or let you read the file at the clerk’s office. The State’s probate forms and some court information are available through the Michigan Courts site: https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Probate-Forms.aspx

2. What to look for

  • Missing inventory or appraisal of assets; incomplete listing of bank accounts, real estate, or personal property.
  • Incorrect asset valuations, wrong beneficiaries, or omitted creditor notices.
  • Accountings that don’t show receipts, disbursements, or distributions.
  • Orders entered without proper notice to interested persons (heirs, beneficiaries, creditors).
  • Documents that appear unsigned, altered, or filed after relevant deadlines.

3. Legal authority to review and require corrections

Michigan’s Estates and Protected Individuals Code (EPIC) governs probate procedures and the duties of personal representatives. You can review chapter 700 of the Michigan Compiled Laws for the statutory framework: https://www.legislature.mi.gov/mileg.aspx?page=ChapterIndex&chapter=700

Under EPIC, a personal representative must collect, preserve, and account for estate assets. Courts have authority to require inventories, compel accountings, correct the record, set aside orders obtained by fraud or mistake, and remove or discipline a representative who fails to perform duties.

4. How to request corrections or raise objections

  • File a written objection or response to the specific filing you think is wrong — for example, object to an accounting or distribution petition. The objection should state what is incorrect, why, and what remedy you seek.
  • Ask the court for a formal accounting. If one has been filed and you believe it is inaccurate, object and ask the court to require a supplemental or detailed accounting.
  • File a petition to compel inventory or appraisal if the personal representative has not filed required documents.
  • File a petition to set aside an order if you can show the order was procured by fraud, mistake, lack of notice, or other grounds recognized by the court.
  • If the personal representative is failing in duties (hiding assets, not providing information), petition for removal and replacement.
  • If deadlines or formalities were missed (e.g., creditor notice), ask the court for relief appropriate to the circumstances — the court can sometimes reopen matters to protect due process.

5. Evidence and documentation

Gather all relevant documents before filing anything with the court:

  • Bank statements, property deeds, titles, insurance policies, retirement account statements.
  • Copies of petitions, inventories, accountings, orders, and notices from the probate file.
  • Communications with the personal representative (emails, letters, proof of requests for information).
  • Appraisals or valuations you believe are correct.

6. Typical remedies the court can order

  • Compel a supplement or corrected inventory or accounting.
  • Require turnover of omitted assets or payment of distributions corrected for accurate values.
  • Set aside or vacate orders entered without proper notice or procured by fraud.
  • Remove or surcharge (financially hold responsible) a personal representative for mismanagement.
  • Reopen an estate or continue administration when appropriate to address newly discovered assets.

7. Timing and deadlines

Deadlines and notice periods matter in probate. Some relief may be time‑limited by statute or court rule. Because specific time limits vary by issue (creditor claims, appeals, objections to accountings), act promptly when you discover missing or incorrect filings.

8. When to get an attorney

If the issues are complex (significant omitted assets, suspected fraud, contested accountings, or a representative refuses to cooperate), consult a licensed Michigan probate attorney. An attorney can draft precise pleadings, calculate remedies, and represent you at hearings.

Helpful hints

  • Start at the probate clerk: most problems begin by checking the case file and the register of actions.
  • Keep a written log of every request you make and every response you receive from the personal representative or the court.
  • Make formal written requests for information so you have a record. If the representative doesn’t respond, the court will take a written record more seriously.
  • Don’t ignore accountings or notices; missing a deadline can limit your remedies.
  • If the estate is small and the dispute is narrow, informal negotiation or mediation can be faster and cheaper than court motions.
  • Use free resources: the probate clerk can explain how to obtain copies of filings; the Michigan Courts website has probate forms and resources: https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Probate-Forms.aspx
  • When in doubt, get a short paid consultation with a probate attorney to understand your rights and the practical next steps.

Further reading: review Michigan’s Estates and Protected Individuals Code (EPIC) for the statutory framework applicable to probate proceedings: https://www.legislature.mi.gov/mileg.aspx?page=ChapterIndex&chapter=700

Reminder: This information is general and educational only. It is not legal advice. For guidance tailored to your situation, consult a licensed Michigan probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.