Challenging a Family Member’s Application for Letters of Administration in Michigan Probate

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Michigan probate concepts and common steps people take when they want to oppose the appointment of a personal representative. For advice about your specific situation, speak with a licensed Michigan probate attorney.

Detailed answer — what you need to know and do

In Michigan, the person who manages a decedent’s estate is generally called a personal representative (sometimes called an administrator when there is no will). The rules that govern appointment, priority, and challenges are in the Estates and Protected Individuals Code (EPIC), commonly called MCL Chapter 700. For details and statutory language, see the Michigan Legislature site: Michigan Legislature: MCL Chapter 700 (EPIC) and the Michigan Courts site for local probate court procedures: Michigan Courts.

Below are the typical steps and legal concepts involved in formally opposing a family member’s application for letters of administration in Michigan. Follow these steps as a roadmap so you understand the process and can gather the right documents and evidence.

1. Confirm whether the appointment is being handled informally or formally

Michigan allows both informal and formal probate/appointment procedures. Informal appointments are faster and often proceed without a prior court hearing unless someone objects. Formal proceedings are used when there is a dispute or when the court must resolve contested issues.

If a petition for informal appointment was submitted, note any notice deadlines and the time period in which objections must be filed. If a formal petition has already been filed, different notice and motion rules apply. Contact the probate court clerk to learn the case type and timeline for filing objections.

2. Identify proper legal grounds to oppose appointment

Common bases to oppose include:

• The applicant is not the priority person entitled to appointment under state law.
• The applicant lacks the required qualifications (e.g., is underage, not competent, convicted of certain offenses, or otherwise ineligible).
• The applicant engaged in fraud, undue influence, or misconduct in obtaining the appointment or in their dealings with the decedent.
• A valid will exists that names a different personal representative (testate estate), or an earlier appointment is already in place.
• Improper notice to interested persons or failure to follow required statutory procedures.

3. File a written objection with the probate court

Steps to lodge an objection:

1. Prepare a written objection or petition to contest the appointment. Clearly state the legal and factual grounds for your objection and the relief you seek (for example, denial of appointment, appointment of a different personal representative, or setting the matter for a formal hearing).
2. File the objection with the probate court where the application was filed. Ask the court clerk for the specific form or local rule you should follow. Some counties provide a standard “Objection to Petition” form.
3. Serve the objection on the applicant and other interested persons as required by court rules. Keep proof of service (certificate of mailing or affidavit of service).

4. Request a hearing and any emergency relief if necessary

Request that the court schedule a hearing on your objection. If estate assets are at risk of dissipation, you can ask for temporary relief (for example, a temporary restraining order or an order requiring the applicant to post bond or not to transfer assets). Include specific facts that show immediate harm if you request emergency relief.

5. Gather evidence and prepare for the hearing

Common evidence used in contested appointment hearings:

• Decedent’s will, codicils, or estate planning documents
• Affidavits from witnesses who can testify about the decedent’s intent, the applicant’s misconduct, or undue influence
• Medical records, competency evaluations, or doctor statements if capacity is an issue
• Criminal records or other public records that bear on the applicant’s qualifications
• Proof of notice deficiencies or procedural errors

6. What to expect at the hearing

At the hearing, the court will consider testimony, affidavits, documents, and legal arguments. The judge will decide whether to deny the applicant’s request for letters, appoint an alternative personal representative, convert the matter to formal proceedings, or otherwise rule on contested issues. Be ready to present a clear timeline, identify witnesses, and explain the relief you seek.

7. Possible outcomes

• Court denies the appointment and may appoint a different qualified person.
• Court orders formal administration instead of informal appointment so the issues can be resolved with more procedures and protections.
• Court allows the appointment to proceed but imposes conditions (bond, supervision, accounting requirements).
• Court refers the dispute to another process (mediation) or dismisses the objection if it lacks merit.

8. Timing, deadlines, and local court practices

Timing matters. Deadlines for objections and required notice periods vary with whether the appointment is informal or formal and with local court rules. Contact the probate court clerk in the county where the petition was filed to confirm filing deadlines, required forms, and local rules. Court clerks can tell you whether a scheduled hearing exists and provide a case number and filing instructions.

9. When to get a Michigan probate attorney

Hire a probate attorney if the dispute involves significant assets, complex legal issues (fraud, undue influence, multiple claimants), or urgent requests for temporary relief. An attorney will prepare pleadings, collect admissible evidence, follow Michigan rules of procedure, and present your position at a contested hearing.

Helpful hints

• Start early. Acting quickly preserves your right to object and helps prevent transfers or dissipation of estate assets.
• Document everything. Keep copies of petitions, notices, filings, correspondence, and proof of service.
• Ask the clerk for forms. Many probate courts provide standard objection forms and checklists for interested persons.
• Preserve evidence of capacity or undue influence: medical records, appointment calendars, and witness statements can be critical.
• Keep communications professional and documented. Avoid heated messages that could harm your case.
• Consider mediation. Some probate disputes resolve faster and cheaper through mediation rather than a full contested hearing.
• Be prepared to propose an alternative personal representative, and explain why that person better meets the statutory priorities and qualifications.
• Confirm statutory rules. Refer to the Estates and Protected Individuals Code (EPIC), MCL Chapter 700, and the Michigan Courts website for forms and local procedures: https://www.legislature.mi.gov and https://courts.michigan.gov.

If you would like, I can: (1) summarize the typical forms used in Michigan probate, (2) draft a sample objection outline you can tailor, or (3) provide a checklist of evidence to gather before you file. Tell me which you’d prefer.