Intestate Administrator Appointment in Michigan
Detailed Answer
When someone dies without a will in Michigan, the probate court appoints a personal representative (often called an administrator) to manage the estate. The Estates and Protected Individuals Code (EPIC) outlines the order of priority and procedure:
- Determine Priority of Heirs. Under MCL ”>MCL 700.3401, the court ranks these persons for appointment:
- Surviving spouse
- Children or their descendants
- Parents
- Siblings
- More distant relatives
- Obtain Waivers or Renunciations. A higher-priority heir may decline in writing. See MCL 700.3709.
- File the Probate Petition. The interested heir submits a Petition for Probate of Intestacy and Appointment of Personal Representative (Form PC 560) in the county where the decedent lived. The petition must include:
- Certified death certificate
- Statement that no will exists
- List of next-of-kin and their addresses
- Any waivers or renunciations from higher-priority heirs
- Provide Notice. Under MCL 700.3712, the petitioner must notify all heirs and interested parties at least 28 days before the hearing.
- Court Hearing and Issuance of Letters. At the hearing, the court reviews documentation, hears objections, and, if appropriate, issues letters of authority appointing the administrator. The court may require a bond under MCL 700.3704.
Helpful Hints
- Review MCL 700.3401 for appointment priority.
- Collect the decedent’s certified death certificate before filing.
- Secure renunciations from higher-priority heirs if they do not wish to serve.
- Confirm local probate court rules and fees in the decedent’s county of residence.
- Prepare to post a bond; Michigan courts often require one to protect estate assets.
- Keep records of all notices and filings to show compliance with statutory deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed Michigan attorney.