Disclaimer: This article is for educational purposes and does not constitute legal advice.
What Is a Personal Representative?
Under Michigan law, a personal representative (also called an executor or administrator) manages and distributes a deceased person’s assets through probate. The personal representative pays debts, notifies heirs, and closes the estate following the Michigan Estates and Protected Individuals Code (EPIC).
How to Apply for Appointment in Michigan
- Prepare the Petition: File a Petition for Probate and Appointment of Personal Representative with the probate court in the county where the decedent lived. Include the original will (if any), certified death certificate, and an inventory of assets. See MCL 700.3201 (Link).
- Submit Required Documents and Fees: Pay the court filing fee (varies by county). Some courts require a venire form and list of heirs. Check local court rules.
- Notice to Interested Parties: Within 10 days after filing, mail a Notice of Hearing to all heirs and beneficiaries identified in MCL 700.3701 (Link). Publish notice if required.
- Attend the Hearing: The court schedules a hearing, usually 14–28 days after filing. At the hearing, the judge reviews the petition, will validity, and any objections.
- Obtain Letters of Authority: After approval, the court issues Letters of Authority (also called Letters Testamentary or Letters of Administration). The certificate grants legal power to act for the estate (MCL 700.3704, Link).
Estimated Timeline
- Filing to Hearing: 2–4 weeks (varies by county).
- Hearing to Issuance of Letters: 1–2 weeks after approval.
- Total Process: 4–6 weeks on average for an uncontested case.
- Additional Time: If estate is complex or creditors raise claims, timeline may extend several months.
Helpful Hints
- Double-check local court rules for specific forms and fees.
- Gather a certified death certificate before filing.
- Notify creditors promptly to avoid personal liability.
- Consider waiving bond if allowed under MCL 700.3702 to simplify the process.
- Keep detailed records of all court filings and communications.