How to Be Appointed Estate Administrator or Co-Administrator in Michigan

Short answer (FAQ style): To be appointed as an estate administrator (often called a personal representative) or as a co-administrator in Michigan, you must petition the probate court in the decedent’s county, show you have standing under Michigan law, present the decedent’s will (if any), give required notice, meet bond requirements (unless waived), and obtain the court’s letters of authority. The court will follow statutory priority rules and local court rules when deciding who to appoint.

Detailed answer — step‑by‑step explanation

1. Understand basic terms and who the court appoints

Michigan calls the person the court appoints a personal representative. If a will nominates an executor, the court usually appoints that person. If there is no will, state law provides a priority list (surviving spouse, adult children, other heirs, and others) the court uses to decide who should administer the estate.

For general statutory rules governing estates and appointment of a personal representative in Michigan, see the Michigan Estates and Protected Individuals Code (EPIC) (chapter 700) on the Michigan Legislature website: https://www.legislature.mi.gov. The probate court in the decedent’s county applies these laws and local court rules when considering an appointment.

2. Decide whether probate is required

Not every estate must go through formal probate. Some property passes outside probate (joint accounts, titled assets with survivor rights, beneficiary-designated accounts, certain small estates). If the estate qualifies as a small estate you may be able to use simplified procedures or affidavits instead of a full probate case. Contact the local probate court or review the court’s probate information pages to confirm whether formal appointment is necessary: Michigan Courts – Probate resources.

3. Determine who has priority to be appointed

If the decedent left a valid will that names a personal representative, that nominee has the primary right to appointment unless the court finds good reason not to appoint them (for example, incapacity, conflict, or misconduct). If there is no will or the named person cannot serve, Michigan law sets out an order of priority among heirs and interested persons. If multiple persons want appointment, the court will pick the person(s) best suited—sometimes appointing co‑administrators when appropriate.

4. Prepare and file the petition for appointment

Where to file: file in the probate court in the county where the decedent lived at death. Typical paperwork includes:

• Petition for probate and for appointment of personal representative (or petition for appointment in an intestate administration).
• The original will, if one exists, and any codicils.
• Death certificate.
• Affidavits or forms required by the local court (some courts have specific forms).
• Proposed order appointing the personal representative and (if required) setting bond.

Many Michigan probate courts have standardized forms and filing guidance on the Michigan Courts / SCAO website: Probate court forms and instructions. If you are considering serving as co‑administrator, state clearly in your petition that you are seeking co‑appointment and explain why co‑administration is appropriate.

5. Provide notice and allow the statutory waiting period

After you file, the court will require notice to interested persons (heirs, beneficiaries, creditors). The court may require service by mail and/or publication, depending on the situation. Interested persons have the opportunity to object to your appointment. Follow the court’s instructions closely so notice deadlines are met.

6. Bond and waivers

The court often requires a surety bond for the personal representative to protect estate creditors and beneficiaries. A will can waive bond for a nominated personal representative. Interested persons (heirs or beneficiaries) can sometimes sign a written waiver of bond that the court accepts. If you cannot post bond, the court may require a co‑representative with bond or other security.

7. Court hearing and issuance of letters

If there are no objections, the court typically signs an order appointing you (or you and a co‑administrator). The court then issues official documents commonly called letters of authority (called Letters of Authority in Michigan). These letters let you handle bank accounts, transfer titled assets, and act on behalf of the estate.

8. Post‑appointment duties

Once appointed you are responsible for identifying and securing assets, inventorying the estate, notifying and paying creditors (or otherwise handling claims), filing tax returns for the decedent and the estate, and distributing assets to beneficiaries under the will or Michigan intestacy rules. Michigan law requires periodic filings and in many cases an inventory and final accounting. Keep detailed records; the court and beneficiaries can hold you accountable for proper handling of the estate.

When and why courts appoint co‑administrators

Courts may appoint co‑administrators when multiple people request appointment, when the estate is complex and different skills are useful, or to accommodate family dynamics. Co‑administration can divide tasks but can also lead to conflicts and extra court oversight. The petition should explain why co‑administration benefits the estate. The court will evaluate conflicts of interest, capability, and practicality before allowing co‑administrators.

If someone objects to your appointment

Persons with standing (heirs, beneficiaries, or other interested parties) can file objections. The court will hold a hearing and decide who should be appointed. If objections succeed, the court may refuse your appointment or appoint someone else. If needed, consult an attorney to respond to objections or to file a competing petition.

Helpful links and authoritative resources

• Michigan Courts – Probate information and resources: https://courts.michigan.gov/Administration/SCAO/Resources/Pages/Probate.aspx
• Michigan Courts – Probate forms and local court contact information: https://courts.michigan.gov/Administration/SCAO/Resources/Pages/Forms.aspx
• Michigan Legislature information about statutes (search for the Estates and Protected Individuals Code, chapter 700): https://www.legislature.mi.gov (search for “MCL 700” or “Estates and Protected Individuals Code”).

Practical checklist — documents and steps to prepare before filing

• Obtain the official death certificate.
• Locate the original will and any codicils (if any).
• Collect basic information about heirs and beneficiaries (names, addresses, relationships).
• Gather information about the decedent’s assets and debts (bank accounts, real property titles, debts, insurance policies, retirement accounts).
• Contact the county probate court to ask for the specific probate petition forms and filing fees.
• Decide whether to ask for co‑administrator status and prepare reasons for the court.
• Be ready to post bond or obtain waivers of bond from beneficiaries if permitted.

Common pitfalls to avoid

• Failing to file with the correct probate court (file in the county where the decedent lived).
• Trying to move or distribute estate property before getting letters of authority.
• Missing notice deadlines or failing to properly notify interested persons.
• Underestimating bond requirements or failing to secure required surety.
• Assuming a simple appointment — complicated estates, disputes, or tax issues may require counsel.

When to consult an attorney

If the estate is large or complex, if there are disputes among heirs or beneficiaries, if you anticipate objections, or if you are unfamiliar with probate procedures, consider talking with an attorney experienced in Michigan probate. An attorney can help prepare a petition, advise on bond and notice requirements, and represent you at hearings.

Helpful Hints

• Call the local probate court before filing. Courts often publish step‑by‑step checklists and local forms that save time.
• If a will names you as executor, bring a certified death certificate and the original will when you file the petition.
• Keep careful, dated records of every estate action and transaction; you will need them if beneficiaries ask for an accounting.
• Consider whether a small estate affidavit or other simplified procedure applies before starting formal probate.
• If serving with a co‑administrator, put an agreement in writing clarifying who handles which tasks to reduce conflict.
• Ask the court clerk for the current filing fee schedule and whether the court offers an online filing option.

Disclaimer

This article explains general Michigan probate procedures and is provided for educational purposes only. It is not legal advice. Laws and court rules change, and each case has unique facts. For advice about your situation, contact a licensed attorney or the probate court clerk in the county where the decedent lived.