Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
Under Michigan law, a personal representative (formerly called an executor) must keep heirs and other interested persons informed and carry out various duties. Key obligations include:
1. Notice of Appointment
Within 10 days after receiving letters of authority, the personal representative must mail a Notice of Appointment to all heirs, beneficiaries and interested parties. This notice informs recipients of the estate proceedings and their right to request information or object. See MCL 700.3705.
2. Inventory and Appraisal
The personal representative must file an inventory listing all estate assets and their estimated values with the probate court within 91 days of appointment. Heirs have the right to review this document in the court file. See MCL 700.3404.
3. General Duties and Record-Keeping
Michigan law requires the personal representative to collect assets, preserve them, pay valid debts and defend the estate against claims. Detailed records of all transactions must be maintained. See MCL 700.3402.
4. Annual and Final Accounting
At least once every 12 months—and upon final distribution—the personal representative must prepare a written accounting for distributees (heirs and beneficiaries). The accounting shows receipts, disbursements, expenses, fees and the balance available for distribution. Interested heirs can review these reports and object if needed. See MCL 700.3713.
5. Notice of Proposed Distribution
Before distributing estate assets, the personal representative must provide heirs with a proposed plan of distribution. This allows time to raise objections or to request a hearing if there are disputes over asset division.
Helpful Hints
- Keep copies of all court filings, notices and communications to heirs.
- Heirs can request copies of the probate file at the local probate court clerk’s office.
- Track statutory deadlines closely to avoid delays or court sanctions.
- Consider hiring a probate attorney for complex estates or contested matters.
- Maintain open, transparent communication with heirs to minimize conflicts.