Short answer
Yes — in Michigan you can often serve as the personal representative (the term used in Michigan law for an executor or administrator) of your sister’s estate if you meet the legal qualifications and the court appoints you. Whether you are appointed depends on whether your sister left a will naming someone, whether higher-priority relatives exist, and whether the court finds you fit to serve.
Disclaimer
This article explains Michigan law for educational purposes only. It is not legal advice. For help with a real case, consult a licensed Michigan probate attorney or contact the probate court in the county where your sister lived.
Detailed Answer
What law governs who may serve?
Michigan’s Estates and Protected Individuals Code (EPIC) sets the rules for probate and appointment of personal representatives. See the Act text for the statute framework: Estates and Protected Individuals Code (1998 PA 386).
Basic qualifications to serve
- Age and capacity: You generally must be an adult with legal capacity to serve.
- Interest and fitness: You must be an “interested person” and not disqualified by the court for cause (for example, severe incapacity or conflicts the court finds untenable).
- Criminal history: A serious criminal conviction may affect your ability to serve, depending on the nature of the offense and court discretion.
Named personal representative in a will
If your sister left a valid will that names you as personal representative, the probate court will usually appoint you unless a statutory disqualification exists or a party files a successful objection. The named appointment carries strong weight, but the court must still complete probate formalities.
No will (intestate) or no named representative
If there is no will, Michigan law provides a priority order for who the court will appoint. Common priority is surviving spouse, children, parents, then siblings or other heirs. If higher-priority people are unavailable, unwilling, or unsuitable, a sibling can petition the court to be appointed. The court considers who will best handle administration of the estate and protect creditor and beneficiary interests.
How to be appointed — typical steps
- Locate the original will (if any) and obtain certified copies of the death certificate.
- File a petition or application for appointment with the probate court in the county where your sister lived. The court clerk can tell you which form to use and whether informal or formal administration applies.
- Give required notice to interested persons and creditors. The court will instruct you on notice procedures.
- The court reviews the petition. If no serious objections arise, the judge or probate register will issue an order appointing a personal representative and, if required, letters of authority.
- If the court orders a bond (insurance to protect the estate), you must post it or ask to be exempted (often possible if the will waives bond or heirs agree).
Michigan’s probate court webpages provide forms and local contact information: Michigan Courts.
Duties and responsibilities if appointed
- Collect and secure estate assets.
- Give notice to creditors and pay valid claims.
- Inventory estate property and file required accountings with the court.
- Manage estate funds prudently until final distribution.
- Distribute assets to beneficiaries under the will or under Michigan intestacy rules.
- Close the estate by filing a final accounting and petition for discharge when administration ends.
Compensation and bond
The court may allow the personal representative reasonable compensation for time and effort. The court also decides whether a bond is required; a will can waive bond, but interested parties sometimes object to a waiver.
What if someone objects to your appointment?
Interested persons (heirs or beneficiaries) can object and ask for a hearing. Objections commonly allege unsuitability, conflicts of interest, mismanagement, or that a higher-priority person should serve. The court will hold a hearing and decide appointment based on the record and Michigan law.
Hypothetical examples
Hypothetical A — Sister left a will naming you: You file the will and petition. If no valid objection exists and you are not disqualified, the court typically appoints you.
Hypothetical B — Sister died intestate, survived only by you and one cousin: If there is no spouse or child or parent, you as sister may be a primary candidate and can petition the court to appoint you.
Helpful Hints
- Gather documents: original will (if any), certified death certificate, lists of assets and debts, and contact information for heirs and creditors.
- Contact the probate court clerk early. They can explain local filing requirements and provide required forms.
- Check whether the will waives bond. If not, ask the court whether the bond amount is needed or can be reduced.
- Be transparent with beneficiaries to reduce the chance of objections. Share inventory and proposed steps.
- Keep careful records and separate estate funds from your personal accounts.
- Consider hiring a probate attorney if the estate is large, contested, or involves complex assets (business interests, out-of-state property, tax issues).
- Use the Michigan Courts website for forms and local court contacts: https://courts.michigan.gov.
- Review the Estates and Protected Individuals Code for the statutory framework: 1998 PA 386 (EPIC).
When to get legal help
Talk to a probate attorney if parties dispute the appointment, if the estate includes complicated assets (businesses, trusts, large real estate holdings), or if you are unsure about creditor claims or tax consequences. An attorney can file petitions, represent you at hearings, and prepare required accountings.