Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan’s Estates and Protected Individuals Code (EPIC), you must file specific documents to obtain letters of administration when no valid will exists. You submit these materials to the probate court in the county where the decedent resided. The required documents include:
- Petition for Letters of Administration (Form PC 561): The formal request to appoint a personal representative. (MCL 700.3204)
- Certified Death Certificate: An official copy issued by the Department of Health and Human Services.
- Affidavit of Heirship: A sworn statement identifying heirs when next of kin are not easily determined.
- Renunciations or Consents: Written renunciations from individuals who qualify but decline to serve, as needed under MCL 700.3213.
- Probate Bond: A surety bond if the court requires security for the estate. (MCL 700.3219)
- Oath of Personal Representative: A signed oath affirming your duty to administer the estate. (MCL 700.3221)
- Notice of Appointment: Proof of service or publication to interested parties, per MCL 700.3215.
- Filing Fee: Payment of the county-specific probate court fee at the time of filing.
After you file, the probate court reviews your package for completeness. If all requirements are met, the court typically issues letters of administration within a few weeks.
Helpful Hints
- Check the local probate court’s website for updated forms and fee schedules.
- Order multiple certified death certificates for any additional filings.
- Review the cited Michigan statutes to ensure compliance.
- Ask the court about bond waivers if estate assets are minimal.
- Keep copies of all filed documents and proofs of service for your records.