Detailed answer — what the probate court can do and how to ask

This explains how Michigan probate courts handle appointment and removal of a personal representative (administrator) and the practical steps an heir should take if they believe the appointment should be changed so the sole heir is appointed instead. This is an educational overview and not legal advice.

Basic legal framework

Michigan’s Estates and Protected Individuals Code (the Probate Code) governs appointment and removal of personal representatives and how intestate estates (no valid will) are administered. The probate judge has authority to issue, revoke, or replace letters of authority for an estate when warranted by the law and the facts. See the Probate Code (Public Act 386 of 1998) for the statutory framework: 1998 PA 386 (EPIC). You can also find practical forms and guidance from the Michigan Courts site: Michigan Courts.

Common legal grounds the court will consider

A probate court will consider a petition to remove or replace a personal representative when there is a legally sufficient reason. Typical, recognized grounds include:

• Improper appointment — the person originally appointed was not entitled to priority under the statutory order of appointment;
• Fraud, misrepresentation, or material nondisclosure used to obtain letters;
• Incapacity, incompetence, or lack of qualification to serve;
• Failure to perform duties, gross mismanagement of estate assets, self-dealing, or breach of fiduciary duty;
• Criminal conduct or other conduct that materially prejudices creditors or heirs.

Who has priority for appointment

When there is no valid will, Michigan law follows an order of priority for appointing a personal representative (for example, surviving spouse, adult children, other heirs). If you are the sole heir and another person was appointed instead, you can challenge the appointment if the person appointed had no superior priority or otherwise was ineligible. The court will evaluate competing claims to appointment and the equities in the specific case.

How to get the court to reconsider — step-by-step

1. Gather proof of heirship and appointment problems. Collect the decedent’s death certificate, any will (if one exists), birth/marriage records showing your relationship, probate case filings, the letters of administration issued, and any evidence of the administrator’s misconduct or ineligibility (bank records, property transfers, communications, missing inventories, etc.).
2. Check the probate file and deadlines. Obtain the court file from the probate court clerk. Look for the petition that led to the issuance of letters and any notices or objections filed. Note whether there are statutes or local rules that set deadlines for contesting appointment or requesting revocation.
3. Talk to the probate clerk about the required filing and forms. Many Michigan probate courts have local forms and procedures. The clerk can tell you whether you should file a petition to set aside/revoke letters, an objection to appointment, or a petition for removal of a personal representative.
4. File the correct petition or motion. Common filings include a petition to revoke or set aside letters of administration, a petition for removal of the personal representative for cause, or a petition for appointment claiming priority as the sole heir. Your petition should state facts, point to supporting evidence, and request the specific remedy (revocation of letters and appointment of you as successor personal representative).
5. Request interim relief if necessary. If you believe the administrator is dissipating assets, you can ask the court for emergency relief such as a temporary restraining order, order freezing estate bank accounts, or an order requiring the administrator to post a bond or to provide an accounting.
6. Serve notice and allow hearings. The probate court will require notice to interested parties (the administrator, heirs, creditors). Expect the court to set hearings where both sides can present evidence and witnesses.
7. Present clear evidence and legal arguments. To succeed you must prove either that the appointed administrator lacked legal right to be appointed or that removal is warranted by misconduct, incapacity, or other statutory cause. Courts evaluate the best interests of the estate and the heirs.
8. If the court removes the administrator. If the court revokes letters, it may appoint another qualified person — often the highest-priority heir who petitions the court. The court may also impose remedies for past misconduct (surcharge, removal, requiring restitution or bond).
9. Consider settlement or mediation. If facts allow, negotiating with the administrator or using mediation can be faster and less expensive than protracted litigation.

Evidence the court will find persuasive

Strong evidence includes written financial records showing misappropriation, proof the appointed administrator failed to inventory estate assets or file required accountings, testimony or documents proving fraud in the appointment process, and clear documentation of your status as the sole heir.

What the court will weigh

Probate judges have broad discretion. They will weigh statutory priority for appointment, the competency and honesty of the parties, potential harm to estate creditors, and whether removal serves the estate’s and heirs’ best interests. If the administrator performed in good faith and estate assets are secure, the court may be reluctant to remove them absent serious cause.

Helpful Hints — practical tips for the heir

• Start by reviewing the probate docket and obtain copies of all filings from the probate court clerk.
• Keep meticulous records: dates, communications, bank statements, property transfers, and any contact with the administrator.
• File a timely petition — delaying can limit remedies and make the court less likely to undo prior actions taken in good faith.
• Ask the court for an accounting early if none has been filed; lack of an inventory or accounting is a common sign of mismanagement.
• If assets are at risk, seek emergency orders to protect estate property and prevent transfers.
• Bring witnesses and documents to hearings; hearsay alone is often not enough to prove fraud or mismanagement.
• Be realistic about costs; contested probate litigation can be expensive. Consider mediation or a negotiated transfer of administration where appropriate.
• Consult a probate attorney — attorneys experienced in Michigan probate can evaluate priority rules, local court practice, and the strength of removal grounds.
• Check Michigan Courts resources and local probate rules for forms and clerk guidance: Michigan Courts.
• For statutory background, see the Probate Code (EPIC): 1998 PA 386.

When to get a lawyer

You should strongly consider hiring a Michigan probate lawyer if:

• The other party has already transferred or dissipated estate assets.
• The legal issues are complex (competing heirs, allegations of fraud, out-of-state assets).
• Immediate emergency relief is needed to protect estate assets.
• You are unsure how to prepare a petition or marshal evidence.