Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan law, heirs and other interested parties may ask a probate court to reopen a closed estate when unclaimed assets surface or an omission arises. The Estates and Protected Individuals Code (EPIC) provides a clear procedure for reopening an estate under MCL 700.3908.
Statutory Authority
MCL 700.3908 authorizes the probate court to grant additional letters of authority, complete proceedings, or reopen an estate administration. Read the statute: MCL 700.3908.
Step 1: Determine Your Grounds
- Discover unadministered property (e.g., bank accounts, life insurance, real estate).
- Identify clerical errors or omissions in the original inventory or accounting.
- Confirm you are an interested person under EPIC: typically an heir, beneficiary, or creditor.
Step 2: Prepare a Petition to Reopen
- File the petition in the same county probate court where the estate closed. Include:
- Case name and number of the closed estate.
- Your status (heir or beneficiary) and relationship to the decedent.
- Detailed description of newly discovered assets or errors.
- Supporting documents (bank statements, policy declarations, affidavits).
- Request a hearing date and propose any necessary bond or surety if the court requires an additional personal representative.
Step 3: Give Notice to Interested Parties
Under MCL 700.3902, you must notify heirs, devisees, beneficiaries, and creditors. Serve notice by mail or personal delivery as prescribed by the statute.
Step 4: Attend the Hearing
- Explain the nature of the newly discovered asset or error.
- Show cause why the estate should reopen.
- Propose how the court should administer or distribute the asset.
Step 5: Complete Supplemental Administration
- If the court grants your petition, file a supplemental inventory and accounting.
- Obtain further letters of authority if needed to collect or distribute the asset.
- Distribute assets according to the will or Michigan’s intestate rules (MCL 700.2101–2105).
Helpful Hints
- Review the closed estate file at the probate court clerk’s office before filing.
- Double-check asset descriptions and values in your petition and inventory.
- Meet all notice deadlines—late service can delay or derail reopening.
- Consider hiring a probate attorney for complex asset valuations or disputes.
- Keep copies of all filings, notices, and court orders for your records.