Michigan: How to Challenge a Final Accounting in a Parent’s Estate When You Were Not Given Notice

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do if you did not get notice of a final accounting in your parent’s Michigan estate

Short answer

If you are an interested person (heir or beneficiary) and you did not receive court-ordered or legally required notice before a final accounting was approved, you can ask the probate court to reopen the accounting and consider late objections. Typical paths include requesting a copy of the file, filing a timely petition to set aside or vacate the order approving the accounting, and asking for relief under the Michigan Court Rules for mistake, lack of notice, fraud, or excusable neglect. You should move quickly because courts apply deadlines and equitable defenses.

Detailed answer — step-by-step under Michigan law

1. Understand whether you are an “interested person”

Under Michigan law, an “interested person” usually includes heirs, beneficiaries under a will, creditors, and others with a legal interest in the estate. If you would inherit or have a claim, you likely qualify. If you are unsure, ask the probate clerk for the estate file and the court’s list of parties of record.

2. Get the probate file and the final accounting documents immediately

Visit or contact the probate court where the estate was administered and request copies of the estate file, the final accounting (also called the fiduciary’s account or closing account), the court order approving the account, and the proof of service or affidavit showing who was given notice. Most probate courts allow in-person inspection or will send copies for a fee. The statewide probate form and filing information are at the Michigan Courts forms page: Michigan Courts — Probate Forms.

3. Check whether the law or judge required you to receive notice

Some accountings require that the personal representative give notice to interested persons before the court approves a final account. The estate file should include an affidavit of service or signed notices showing who was served and how. If the file shows you were not served even though you are an interested person, that is a critical factual basis to challenge the approval.

4. File a motion or petition asking the court to set aside or vacate the order approving the accounting

Common procedural options include:

  • Filing a petition in the probate court to set aside or reopen the final accounting and the order approving it on the ground you were not given required notice.
  • Filing an objection to the accounting if the court still accepts objections (some courts allow late objections for lack of notice).
  • Alternatively, asking the court to grant relief from the order under the Michigan Court Rules for relief from judgment when the order was entered without providing you required notice or because of mistake, fraud, or excusable neglect. See the Michigan Court Rules page for the rules that could apply: Michigan Court Rules (MCR).

5. Grounds courts commonly accept to reopen an accounting

Probate courts will consider reopening an approved accounting when there was:

  • Lack of required notice to an interested person;
  • Fraud or intentional concealment by the personal representative or another party;
  • Mistake or excusable neglect that prevented you from participating; or
  • Newly discovered evidence that could not have been found earlier with reasonable diligence.

6. Remedies the court may order

If the court agrees you lacked notice or otherwise justifies reopening the accounting, possible remedies include:

  • Reopening the estate accounting and allowing you to object;
  • Ordering a supplement or corrected accounting;
  • Surcharging (financially penalizing) the personal representative for improper conduct or losses caused by mismanagement;
  • Ordering removal of the personal representative in cases of serious misconduct; and
  • Ordering restitution or other equitable relief to restore estate assets to heirs/beneficiaries.

7. Evidence to collect

Gather documents and facts to support your claim that you lacked notice and deserve relief:

  • Copy of the final accounting, the court order, and the probate docket entries;
  • The probate file’s affidavits or proofs of service for notices;
  • Any communications (emails, letters, texts) with the personal representative or others about the estate;
  • Records showing your relationship to the decedent (birth certificates, will, beneficiary designations); and
  • Any documents showing that you were actively excluded or that the personal representative misled interested persons.

8. Timing and deadlines — act quickly

Time matters. Even if you did not receive notice, courts sometimes apply filing deadlines or will require a prompt showing of why relief should be granted. If a distribution already occurred, the court still has equitable power in many cases, but your ability to obtain relief may diminish over time. Start the process as soon as you learn of the accounting.

9. Consider asking for provisional or emergency relief

If the estate is about to distribute assets and you fear irreversible harm, ask the court for an emergency hearing or a temporary stay of distribution while your petition is pending.

10. Get legal help

Probate procedure and evidence rules can be technical. An attorney experienced in Michigan probate can help you file the correct petition, draft persuasive affidavits, and represent you at hearings. If you cannot afford a lawyer, some counties have legal aid programs or volunteers who handle probate issues.

Relevant Michigan authorities and resources

Important legal sources that explain probate procedure and rules in Michigan include:

Note: The EPIC and MCR together set out the duties of fiduciaries, notice rules, who counts as an interested person, and the court’s power to supervise and correct estate administration. Review the EPIC chapter and your local court’s rules and standing orders for county-specific practice.

Helpful Hints

  • Act fast. Delay can weaken your position and limit remedies.
  • Get certified copies of the probate docket, the order approving the accounting, and any affidavits of service immediately from the probate clerk.
  • Write down the timeline: when your parent died, when the estate opened, when you first learned of the accounting, and communications you had with the personal representative.
  • Send a written request for information to the personal representative asking for the accounting and proof of notice — keep copies and delivery receipts.
  • Document your contact information and any attempts to notify the personal representative of your interest in the estate.
  • If you fear asset dissipation, ask the court for a temporary restraining order or stay of distribution while the court considers your petition.
  • Consider alternative dispute resolution (mediation) if the court and parties are open to it; sometimes mediation resolves disputes without prolonged litigation.
  • Consult a Michigan probate attorney early — even a short initial consultation can clarify deadlines, viable legal arguments, and likely outcomes.

Disclaimer: I am not a lawyer. This article is for general informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Michigan probate attorney promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.