Detailed Answer
Letters of administration are court-issued documents that appoint a personal representative to settle an intestate estate (when someone dies without a will). Under Michigan’s Estates and Protected Individuals Code (EPIC), you must follow specific procedures and file the correct Michigan Supreme Court Administrative Office of the Courts (AOC) forms.
1. Determine Eligibility and Venue
Any interested person (usually a surviving spouse, child or other heir) may apply. File in the probate court of the county where the decedent resided at death. If the decedent owned real estate in another county, you may need ancillary letters in that county.
2. Complete and File the Application
Use AOC-547 (Application for Probate, Appointment of Personal Representative, Acceptance, and Oath). In the “Type of Authority” section, select “Administration (intestate).” Attach the following:
- Certified death certificate.
- List of heirs and next of kin (names, addresses, relationships).
- Estimated value of assets (real and personal property).
Michigan law requires you to follow the filing procedures under MCL 700.3401. Pay the court filing fee, which varies by county.
3. Provide Notice and Schedule a Hearing
After filing AOC-547, the court issues AOC-573 (Notice of Hearing). Serve this notice on all heirs and interested parties at least 14 days before the hearing. Follow service rules in MCL 700.3701.
4. Attend the Probate Hearing
At the hearing, the judge reviews your application, proof of service, and any objections. If approved, the court signs AOC-528 (Letters of Authority – Personal Representative), formally appointing you.
5. Post-Bond and Obtain Letters
The court may require a surety bond unless all heirs waive it in writing using AOC-535 (Waiver of Bond by Interested Person). Once the bond is approved, the court clerk issues Letters of Administration.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Visit your county probate court website for local fee schedules and form filing instructions.
- Double-check the decedent’s last residence to confirm proper venue.
- Use a certified copy of the death certificate; photocopies are not accepted.
- Ensure all interested persons receive notice by certified mail, return receipt requested.
- Keep organized records of all filings, notices, and court orders.
- Consider consulting an attorney if estate assets exceed $100,000 or if heirs dispute the appointment.