Becoming the Personal Representative (Administrator) of a Sibling’s Estate in Michigan
Disclaimer: I am not a lawyer. This article explains general Michigan probate concepts and steps you can expect when seeking appointment as the personal representative (administrator) of a sibling’s estate. This is educational information, not legal advice. For legal advice about your situation, contact a licensed Michigan probate attorney.
Detailed answer — What you need to know and the steps to take
If your sister died without a will (intestate) in Michigan, the probate court in the county where she lived handles the estate. The court appoints a personal representative (often called an administrator for intestate estates) to collect assets, pay debts, and distribute property to heirs under Michigan law (the Estates and Protected Individuals Code).
1. Who has priority to be appointed?
Michigan law gives priority to certain people when appointing a personal representative. Typical priority order (common practical order) is:
- Surviving spouse
- Adult children
- Parents
- Siblings
- More remote next of kin or a creditor (if no family volunteers)
If someone higher in priority wants the job, a sibling generally cannot be appointed over them unless the higher-priority person is unavailable, unwilling, or disqualified. If a higher-priority person consents in writing to you serving, that typically eliminates priority conflict.
2. Do you need to open probate?
Not every estate requires formal probate. Whether you must open a full probate estate depends on the decedent’s assets, how they are titled, beneficiary designations, and Michigan probate rules. Small estates or assets held jointly with rights of survivorship may pass outside probate. If probate is required, you or another qualified person must file a petition for appointment.
3. Filing the petition for appointment
To seek appointment, file a verified petition with the probate court in the county where your sister lived. Typical elements include:
- Petitioner’s name, address, and relationship to the decedent
- Decedent’s name, residence, date of death
- Statement that the decedent left no will (intestate)
- List of known heirs and their addresses (so the court can notify them)
- Request for appointment as personal representative and proposed surety (bond) if required
The court clerk will provide local probate forms and explain filing fees. Many counties publish probate forms and instructions on their court websites.
4. Notice, bond, and priority contests
After you file, the court will require notice to heirs and possibly publish notice to creditors. The court may require a bond (insurance protecting the estate against mishandling). The amount depends on estate size and whether the will (if any) waives bond. An interested person with higher priority may object to your appointment; the court will decide who is entitled to appointment.
5. Letters of authority and what the personal representative does
If the court appoints you, it will issue letters of authority (also called letters of testamentary or letters of authority for intestate estates) that let you act for the estate. Your main duties include:
- Locate and secure assets (bank accounts, real estate, personal property)
- Identify and notify heirs and creditors and publish creditor notice as required
- Pay valid debts, taxes, and administrative expenses from estate assets
- Prepare an inventory and accounting for the court, if required
- Distribute remaining assets to heirs under Michigan intestacy rules
6. Distribution rules when someone dies intestate
When there is no will, Michigan’s intestate distribution rules determine who inherits. If the decedent has no surviving spouse and your sister left no children, parents, or other closer relatives, siblings may inherit. The exact shares depend on the presence of other heirs. The probate court follows statutory intestacy rules to approve distributions.
7. Timeline and practical notes
The timeline varies. Filing and initial appointment can take a few weeks if there is no dispute and the court has forms ready. Clearing claims, selling assets (if necessary), and distributing the estate can take several months to more than a year, depending on complexity.
8. When an attorney helps
You can represent yourself in a simple probate, but an attorney helps when there are contested priority disputes, complex assets (business interests, out-of-state property), tax issues, or creditor claims. An attorney can draft and file the petition, respond to objections, and guide you through bond, inventory, and accounting requirements.
Useful Michigan resources
- Michigan Legislature — Estates and Protected Individuals Code (searchable text): https://www.legislature.mi.gov/ (search for “MCL Chapter 700” or “Estates and Protected Individuals Code”)
- Michigan Courts — general probate information and local probate court contacts: https://courts.michigan.gov/
Helpful hints — practical tips to make the process smoother
- Locate important documents quickly: death certificate, bank statements, deeds, titles, and any beneficiary forms. Probate is easier when paperwork is organized.
- Call the local probate court clerk before filing. Many counties provide packet(s) or fillable forms for intestate appointment and explain local rules and fees.
- Check whether any accounts have payable-on-death beneficiaries or are jointly owned. Those commonly avoid probate.
- Talk to other likely heirs early. If they consent to your appointment in writing, that avoids priority disputes.
- Be prepared to post bond unless waived. If bond is a problem, discuss alternatives with the court clerk or an attorney.
- Keep a careful ledger of estate receipts and disbursements. Courts expect transparency and a final accounting.
- Send creditor notices promptly and follow statutory timelines to limit personal liability for missed claims.
- If the estate seems small, ask the clerk about simplified or small-estate procedures to avoid full probate.
- Consult a probate attorney if anyone contests your appointment, if there are complicated assets, or if you’re concerned about personal liability.