Detailed Answer
Under Michigan law, a personal representative or executor must file a final accounting before the probate court closes the estate. If you need more time, you can ask the court to extend the deadline. Two key authorities allow this:
- MCL 700.3716 authorizes the court to extend any time period required by the Estates and Protected Individuals Code on petition and for good cause.
- Michigan Court Rule 5.310(B) grants the probate court discretion to enlarge or shorten time limits in the probate rules when good cause is shown.
Follow these steps to request an extension:
- Check your original deadline. Note the date set by the court for filing your final accounting.
- Prepare a written motion. Title it “Motion to Extend Time for Filing Final Accounting.” State the current deadline, the additional time you seek, and reasons such as complex assets, illness, or pending tax matters.
- Attach a supporting affidavit. Swear under oath that the information in your motion is true. Explain why you cannot meet the deadline.
- Serve notice. Deliver a copy of the motion and affidavit to all interested parties—heirs, beneficiaries, and other creditors—at least 14 days before the hearing, unless the court orders otherwise (MCR 5.101 and MCR 2.107).
- File with the court. Submit your motion, affidavit, and proof of service to the probate court clerk.
- Attend the hearing. The court may schedule a hearing. Be prepared to explain your reasons and provide any additional documentation.
- Receive the order. If the court finds good cause, it will enter an order granting the extension and specifying the new deadline.
Helpful Hints
- File your motion before the original deadline. Late requests may be denied.
- Be specific. Include dates, facts, and anticipated completion timelines.
- Communicate with interested parties early to avoid objections.
- Consult the probate court’s local administrative order for any county-specific requirements.
- If your situation changes again, you may request a second extension using the same process.
Disclaimer: This article provides general legal information under Michigan law and is not legal advice. Consult a licensed probate attorney to address your specific situation.