Short Answer

If your sibling died without a will in Michigan, you can seek appointment by the probate court as the personal representative (sometimes called the administrator). The court will follow Michigan’s priority rules for appointing a personal representative, confirm you are qualified and suitable, and then issue Letters of Authority if it approves your petition. You must file in the probate court in the county where your sibling was domiciled when they died.

Detailed Answer — How the Process Works Under Michigan Law

1. Terminology and the governing law

In Michigan the rules for probate and for appointing a personal representative are found in the Estates and Protected Individuals Code (EPIC). You will petition the probate court for appointment as personal representative of an intestate estate (an estate without a valid will). See the EPIC for the statutory framework: MCL 700 (Estates and Protected Individuals Code). For general information from the Michigan Legislature, see: https://www.legislature.mi.gov/ and search for Chapter 700 (Estates and Protected Individuals Code).

2. Who has priority to serve?

When someone dies intestate, Michigan law directs the probate court to appoint a personal representative according to statutory priority. Typical priority order used by courts (subject to the court’s discretion and specific statute language) is:

• Someone nominated in a signed writing by the decedent (not applicable if there is no will).
• The surviving spouse.
• Other heirs at law, which include adult children, parents, and siblings.
• A creditor or other interested person may petition if no suitable heir steps forward.

If you are a sibling, you can be appointed if no one with higher priority objects or is available. The court will confirm heirship and that you are an appropriate appointee.

3. Basic qualifications and potential disqualifications

To qualify the court typically looks at whether you are:

• An heir or otherwise an interested person;
• Over age 18 and competent;
• Not disqualified by statute or court for cause (for example, felony convictions or conflicts that would make you unsuitable could be considered by the court).

The court has discretion to refuse appointment if it finds the person unsuitable or if a person with higher priority is available and willing to serve.

4. Steps to petition for appointment as personal representative

1. Locate the probate court in the county where your sibling lived (domicile) when they died.
2. Prepare a Petition for Probate (or Petition for Appointment of Personal Representative). The petition will ask the court to appoint you, identify heirs, state there is no will, and describe estate assets and liabilities as known.
3. File the petition with the probate court and pay the filing fee (fees vary by county).
4. Provide the court with a certified copy of the death certificate (required by most courts).
5. The court will set a hearing or handle the matter on the papers. The court will issue Letters of Authority (or Letters Testamentary) if it appoints you.
6. If the court requires a bond, you must obtain a surety bond unless the court waives it or the heirs consent to a waiver.

5. Duties and authority after appointment

Once appointed and after you receive Letters of Authority, your duties generally include:

• Gathering and protecting estate assets;
• Providing notice to heirs and known creditors and publishing notice if required;
• Paying allowable debts and taxes from estate assets;
• Filing an inventory and accounting with the probate court when required;
• Distributing remaining assets to lawful heirs according to Michigan intestacy rules.

6. Alternatives and simplified procedures

If the estate is very small, Michigan may have expedited or simplified procedures to transfer assets without formal administration. Some banks and institutions will permit release of modest account balances on presentation of a death certificate and an affidavit. Check with the probate court and the institution. Where available, small‑estate procedures can avoid the full probate process.

7. Timeline and practical expectations

Timing varies by county, court workload, and complexity of the estate. Simple petitions can be resolved in a few weeks to a couple of months. Estates with creditors, real estate, or disputes will take longer. Expect ongoing administrative duties until the estate is closed.

8. Where to file and who to contact

File the petition in the probate court for the county where the decedent was domiciled. Many Michigan county probate courts have webpages with forms and instructions. You can also contact the local probate court clerk for guidance about local procedures and forms.

9. When to get a lawyer

If the estate has significant assets, disputes among heirs, contested appointment, complex tax issues, or potential creditor claims, consult a probate attorney. An attorney can prepare petitions, represent you at hearings, assist with bond matters, and ensure filings comply with statutory deadlines and court rules.

Relevant statutory reference

The Estates and Protected Individuals Code (EPIC), codified in Michigan Compiled Laws (MCL) chapter 700, governs probate procedure and appointment of personal representatives. For the statute text and more detail, see the Michigan Legislature website: https://www.legislature.mi.gov/ (search for “MCL Chapter 700” or “Estates and Protected Individuals Code”).

Disclaimer: This article explains general Michigan probate principles and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Michigan probate attorney or your local probate court.

Helpful Hints

• Contact the probate court clerk early. Many courts will explain local filing steps, fees, and required forms.
• Collect key documents before you file: certified death certificate, any known financial statements, titles, and contact info for likely heirs.
• Talk with other heirs. If the heirs agree you should serve and will waive bond, the court often accepts that as a factor for appointment and may waive bond.
• Be transparent about potential conflicts. If you have concerns about suitability (for example, creditor status or a felony conviction), raise them with the court or an attorney—hiding issues can lead to later problems.
• Check for simplified or small‑estate procedures before filing a full administration if assets appear limited; the probate clerk can point you to local forms or practices.
• Keep detailed records and receipts of all estate transactions. The court will expect an accurate accounting before final distribution.
• Ask whether the bank or title company will accept Letters of Authority or require additional documents; institutions vary in practice.
• If multiple siblings want to serve, consider a written agreement about who will act and how costs will be shared. The court will consider the wishes of interested persons when making an appointment.