Michigan Probate Accounting: Your Right to a Copy
Detailed Answer
Under Michigan law, a personal representative (formerly known as an executor or administrator) must file formal accountings with the probate court and serve them on the estate’s interested persons. This requirement promotes transparency in estate administration and helps beneficiaries understand how assets are managed.
Statutory Requirements for Accountings
Michigan Compiled Laws § 700.3718 (MCL 700.3718) requires that, unless the court orders otherwise, a personal representative prepare and file with the probate court statements of all receipts, disbursements, and remaining assets. The personal representative must:
- File the accounting at least annually or at other intervals the court sets.
- Mail or deliver notice of the accounting filing to each interested person within 28 days of filing.
Your Right to Request and Receive Copies
MCR 5.310(C) (Michigan Court Rule 5.310(C)) gives any interested person the right to request, at reasonable times, copies of all accountings and related documents filed in the probate case. The personal representative must provide these copies, typically at the requester’s expense for copying costs.
Enforcement and Court Intervention
If a personal representative fails or refuses to provide a copy of the accounting after a proper written request, an interested person may petition the probate court under MCR 5.310(B) to compel the personal representative to deliver the accounting. The court can order compliance and, if necessary, impose sanctions.
Who Qualifies as an Interested Person?
Under MCL 700.1106 (MCL 700.1106), an interested person includes beneficiaries, heirs, devisees, creditors, and any other person entitled to notice under the probate code.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified probate attorney for guidance on your specific situation.
Helpful Hints
- Submit your request in writing and keep a copy for your records.
- Reference the probate case number and date of filing in your request.
- Track deadlines: note when the notice of accounting was mailed.
- Offer to reimburse copying costs to avoid delays.
- If you receive no response, file a petition under MCR 5.310 with the probate court.