Detailed Answer
Under Michigan’s Estates and Protected Individuals Code (EPIC), a strict priority governs who may serve as an estate’s personal representative. See MCL 700.3202 (https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-3202). The typical order is:
- Surviving spouse
- Children and descendants of deceased children
- Parents
- Siblings and descendants of deceased siblings
- Grandparents and next of kin
If a higher-priority heir exists, a client may request appointment by petitioning the probate court under MCL 700.3204 (https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-3204). Key steps include:
1. File a Petition to Show Cause
The client files a petition identifying the higher-priority heir and explaining why that heir is unable or unwilling to serve—common grounds include incapacity, conflict of interest, or a formal waiver of the right to act.
2. Demonstrate Unfitness or Waiver
The client submits evidence such as medical records proving incapacity or signed statements from the heir declining the appointment. The court may then bypass that heir and consider the client if they qualify.
3. Provide Notice and Attend Hearing
After filing, the client must serve notice on all interested parties. The probate court typically schedules a hearing to evaluate evidence and hear objections. At the hearing, the client presents reasons the court should appoint them over the higher-priority heir.
4. Rely on Court Discretion
Even when a higher-priority heir exists, the court retains discretion to appoint the person best suited to administer the estate effectively. Strong documentation and clear legal grounds increase the client’s likelihood of appointment.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified Michigan probate attorney for guidance on your specific situation.
Helpful Hints
- Review MCL 700.3202 to understand the statutory priority order: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-3202
- Gather clear evidence of any incapacity or waiver by the higher-priority heir.
- Timely file a petition under MCL 700.3204 and serve all interested parties.
- Prepare for the hearing by organizing documents and possible witness testimony.
- Consider mediation if heirs dispute the appointment to avoid costly litigation.
- Consult a licensed Michigan probate attorney to navigate procedural complexities.