FastCounsel

Detailed Answer

Under Michigan law, only individuals listed in the Estates and Protected Individuals Code (EPIC) may automatically serve as a personal representative (also called an executor when named in a will). A mother9in9law does not appear in the statutory order of priority for either a testate (with will) or intestate (without will) estate. Here’s what you need to know:

1. Testate Estates (With a Valid Will)

If the decedent left a valid will, the court honors the individual(s) nominated by the decedent, unless that person is unqualified or unwilling to serve. A mother9in9law could serve only if the will expressly names her. (See MCL 700.3202.)

2. Intestate Estates (No Valid Will)

When someone dies without a will, Michigan law sets a strict order of priority. The probate court must appoint, in order:

• Spouse
• Descendants (children, grandchildren)
• Parents of the decedent
• Siblings
• Grandparents
• Other heirs by blood

The list does not include in9laws. A mother9in9law cannot qualify under MCL 700.3402. Even if all higher9priority persons decline, the court moves to the next category of blood relatives—never to in9laws.

3. Interested Persons and Court Approval

You may petition the probate court as an “interested person” (MCL 700.1103) to open the estate. But unless you9re nominated in a will or fall within the statutory priority, the court will not appoint you as personal representative.

If no qualified person is available, the court may appoint a professional fiduciary or public administrator.

Key Takeaway: As a mother9in9law, you cannot become personal representative under Michigan intestacy or succession statutes unless the decedent’s will specifically names you for that role.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Michigan probate attorney to discuss your specific situation.

Helpful Hints

• Review the decedent9s will carefully for executor nominations.
• Identify all next9of9kin to confirm priority under EPIC.
• Speak with probate court staff about filing requirements.
• Consider bonding requirements; the court may require a bond for non9family representatives.
• Consult a local probate attorney if succession issues or disputes arise.