Detailed Answer
Under Michigan law, an estate administrator (sometimes called a personal representative) must act as a fiduciary. They must collect assets, file inventories, pay debts, and distribute property according to the will or Michigan’s intestacy rules. If an administrator refuses to perform these duties, you can ask the probate court to remove them.
Michigan’s Estates and Protected Individuals Code (EPIC) grants the probate court authority to remove a fiduciary. Per MCL 700.3715, the court may remove a fiduciary who “refuses or neglects to comply” with statutory duties. Those duties include filing inventories, accounting for assets, and distributing the estate under MCL 700.3716.
To petition for removal, follow these steps:
- Prepare a petition under Michigan Court Rule MCR 5.121. Identify the administrator, list the estate file number, and state the grounds for removal.
- Support your petition with facts. Include dates of missed filings, failures to distribute assets, or other neglect.
- Serve the petition and a notice of hearing on the administrator and all interested parties, such as heirs and creditors.
- Attend the hearing. Be prepared to present evidence, such as letters, notices, or bank records showing the administrator’s refusal or neglect.
- If the court agrees removal is warranted, it will enter an order removing the administrator and may appoint a successor per MCL 700.3717. The successor will finish the estate administration.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney to address your specific situation.
Helpful Hints
- Gather all correspondence and court filings showing missed deadlines.
- Identify all interested parties early to ensure proper notice.
- Review court rules on service requirements under MCR 5.101–5.125.
- Consider mediation if conflicts arise before filing for removal.
- Track any estate assets that are unaccounted for or at risk.