What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (MI)

Detailed Answer

If you are a beneficiary who received a distribution from a personal representative but did not get any explanation of how the amount was calculated, Michigan law gives you several practical steps and court remedies to get the information and, if necessary, correct the distribution.

Who has the right to information? Under Michigan’s Estates and Protected Individuals Code, persons who are entitled to inherit or otherwise have an interest in an estate generally may obtain information about estate administration. A personal representative has duties to collect estate assets, pay valid debts and expenses, and distribute the remainder to beneficiaries in accordance with the will or Michigan law. That representative should be able to explain calculations used to arrive at any distribution, including how debts, funeral expenses, taxes, administrative fees, and specific gifts were handled. See the Estates and Protected Individuals Code (MCL 700.1101 et seq.) for the statutory framework governing administration and duties of a personal representative: https://www.legislature.mi.gov/documents/1997-1998/publicact/pdf/1998-PA-0386.pdf

Practical first steps

Ask for a written explanation and supporting documents. Send a polite, written request to the personal representative (and to the representative’s lawyer, if there is one). Ask for: the estate inventory, the account or statement showing receipts and disbursements, copies of bills paid, the calculation of your share, and any tax returns or estate tax work used in the calculation. Keep a copy of your request and proof of delivery.
Review the estate paperwork. Key items to request or review: the will, the inventory/appraisal of assets, a schedule of claims paid, bank statements for estate accounts, receipts for expenses paid from estate funds, and any interim account the personal representative prepared.
Consider an informal conference. If the representative is willing, ask for a short meeting or call to walk through the math. Sometimes misunderstandings about debts, creditors’ claims, or prepayments (for example, advances to heirs) explain apparent discrepancies.

If the representative does not cooperate

Demand a formal accounting or file a petition for accounting in probate court. You can ask the probate court to order the personal representative to file an accounting. Michigan probate courts supervise estate administration. The court can require the representative to produce an itemized accounting showing assets received, debts and expenses paid, distributions made, and the basis for the calculation of your distribution.
Request surcharge, removal, or other relief if misconduct is suspected. If the accounting shows mistakes, waste, self-dealing, or other misconduct, you can ask the court to surcharge (financially penalize) the personal representative, order repayment, or remove the representative and appoint a successor. The court can also order disgorgement for improper distributions and may award fees to the estate or interested parties in certain circumstances.
Use alternative dispute resolution when appropriate. Mediation or settlement discussions may resolve disputes faster and cheaper than contested litigation. The probate court may require or encourage ADR in some counties.

Timing and urgency

Act promptly. Estate administration commonly has time limits for filing claims and for taking steps against a personal representative. If you delay, you may lose leverage or statutory rights. If you are unsure about deadlines that may apply to your particular claim or objection, ask the probate clerk or a probate attorney right away.

Costs and practical considerations

Asking for information in writing is low-cost and often effective.
Filing a petition in probate court triggers fees and may require court appearances.
Hiring an attorney adds cost, but an attorney can draft a proper petition, evaluate the accounting, and appear in court for you. If the personal representative acted improperly and the court awards a remedy, the court may order that the estate pay some attorney fees.

How to phrase your initial written request (sample language)

Dear [Personal Representative's name],

I am a beneficiary of the estate of [decedent]. I received a distribution on [date]. Please provide, within 14 days, a written explanation of how my share was calculated and copies of the following documents used to calculate that amount: (1) the estate inventory, (2) the estate accounting or statement of receipts and disbursements, (3) copies of bills and expenses paid by the estate, and (4) any tax returns or calculations used. If you are represented by counsel, please provide your counsel’s contact information.

Thank you,
[Your name and contact information]

Where to get forms and make a court filing

Contact the probate court clerk in the county where the estate is being administered for local requirements and forms. The Michigan Judicial Branch posts probate forms and information online that may help you prepare a petition: https://courts.michigan.gov/administration/scao/forms/pages/probate-forms.aspx

Statutory framework and where to read more

The Estates and Protected Individuals Code establishes the duties and powers of personal representatives and the supervision role of the probate court in Michigan (MCL 700.1101 et seq.). You can read the Act here: https://www.legislature.mi.gov/documents/1997-1998/publicact/pdf/1998-PA-0386.pdf. For county-specific procedures, contact the local probate court clerk.

Helpful Hints

Always make requests in writing and keep copies and delivery receipts.
Start with a polite request for documents — many issues resolve without court action.
Ask for an itemized accounting that shows: opening balance, all receipts and sources, all payments and purpose, taxes and fees, and the calculation that produced your share.
If the personal representative cites estate expenses that you don’t recognize, ask for supporting bills or receipts.
Consult the probate court clerk for local filing rules and forms before filing a petition.
Consider mediation before litigating; it is faster and usually cheaper.
If you suspect fraud, theft, or serious misconduct, consult a probate attorney promptly — courts can award remedies and sometimes attorney’s fees when a representative breaches duties.
Keep in mind that distributions can legitimately vary due to debts, creditor claims, taxes, funeral costs, and valid advances to other beneficiaries — an accounting will show how these items affected your share.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a qualified probate attorney licensed in Michigan.

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