Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney regarding your situation.
Detailed Answer
Under Michigan’s Estates and Protected Individuals Code (EPIC), a personal representative (sometimes called an estate administrator) must gather assets, pay valid debts and expenses, then distribute the remaining estate to beneficiaries. If a beneficiary believes the administrator is unreasonably delaying or refusing payment of an inheritance share, the beneficiary has several remedies under Michigan law.
1. Review the Estate Inventory and Account
Request a copy of the estate inventory and account. By statute, the administrator must file an initial inventory within 91 days of appointment and an account showing all receipts and disbursements within nine months (MCL 700.3718). Reviewing these documents helps you confirm whether debts and expenses have been paid and what remains for distribution.
2. Demand an Accounting in Writing
If you haven’t received a formal accounting, send a written demand to the administrator. Cite your rights under MCL 700.3718. In many cases, this prompts timely compliance without court action.
3. File a Petition to Compel Distribution
If the administrator still fails to act, you may petition the probate court to compel distribution. Under MCL 700.3705, the court can order the administrator to pay your share or provide an explanation for any delay.
4. Seek Removal or Surcharge for Breach of Fiduciary Duty
If you suspect misconduct—such as mismanagement or unfair delays—you may request removal of the administrator under MCL 700.3805. You can also file an action for breach of trust (surcharge) under MCL 700.3714. The court may hold the administrator personally liable for any losses to the estate.
5. Consider Alternative Dispute Resolution
Probate courts often encourage mediation or settlement conferences. A neutral mediator helps both sides reach agreement faster and with lower costs than full litigation.
Helpful Hints
- Keep copies of all correspondence and court filings.
- Track statutory deadlines: probate actions have strict time limits.
- Request clarification if you don’t understand the accounting entries.
- Explore mediation before filing formal petitions to save time and money.
- Consider bonding the administrator if you fear mismanagement.
- Consult a probate attorney to review filings and represent you in court.