Detailed Answer
In Michigan, a personal representative (also known as an executor or administrator) manages the estate of a deceased person. If the probate court finds cause—such as misconduct, neglect of duty, failure to post required bonds, or a conflict of interest—it may remove the personal representative under MCL 700.3703. Removal often follows petitions by heirs, beneficiaries, or other interested parties.
If your personal representative has been removed, you may appeal the decision. Under Michigan law, probate appeals go to the circuit court. To preserve your rights, you must file a petition for appeal in the circuit court within 21 days after the probate court’s order is entered (MCL 600.1407). The appeal generally stays only specific actions in the estate—such as distribution of assets—if the circuit court grants a stay.
Key steps in the appeal process:
- Obtain a certified copy of the probate court’s removal order and the full probate record.
- File a claim of appeal in circuit court within 21 days (see MCL 600.1407).
- Serve all interested parties with notice of the appeal.
- Pay required filing fees or submit a fee waiver petition if you cannot afford costs.
- Prepare an appellate brief identifying legal or procedural errors in the probate court’s decision.
- Attend the circuit court hearing; the judge will review the probate record and arguments to decide whether to affirm, reverse, or remand the removal.
Appeals follow Michigan Court Rules, Chapter 7 (MCR 7.100 et seq.). The circuit court will review whether the probate court abused its discretion or made a legal error in removing the personal representative. If you succeed, the original personal representative may be reinstated or the court may order a new selection process.
For statutory details, see: MCL 700.3703 – Removal of Fiduciary and MCL 600.1407 – Appeals from Probate Court.
Helpful Hints
- Mark appeal deadlines promptly; missing the 21-day window can forfeit your right to appeal.
- Maintain organized records of all court filings, notices, and orders.
- Consider consulting an attorney with experience in Michigan probate appeals.
- If funds are limited, apply for an indigent fee waiver early to avoid late fees.
- Focus your brief on specific legal errors or procedural mistakes by the probate court.
- Attend all scheduled hearings; failure to appear may lead to dismissal of your appeal.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your case.