What are my duties as the personal representative of my family member’s estate in Michigan?

Our Experienced Livingston County Probate Lawyers Explain a Personal Representative's Key Duties

Being appointed as the personal representative of a family member's Michigan estate is a big responsibility, as this means they are trusting you to distribute their assets according to their wishes. Our experienced Livingston County probate lawyers at Estate Planning & Elder Care Firm of Michigan in Howell and Clinton Township are here to explain your responsibilities and help you navigate the probate of your loved one’s estate. We can assist you in navigating complicated legal matters smoothly and quickly and help you prevent potential disputes with heirs and creditors. 

Who Can Be Appointed as a Personal Representative for a Michigan Estate? 

Anyone 18 years old or older and not legally incapacitated can serve as the personal representative of an estate in Michigan. 

• A loved one can appoint you as their personal representative, also called executor of their estate, in their will.
• If a family member dies without a will, you may be able to petition the court to be named as their personal representative as long as you can fulfill the duties of probating their estate.
• If the personal representative fails to probate an estate or there is a dispute about who should be the executor, the court will appoint someone following the priority specified in Michigan Compiled Laws, Section 700.3203.

Your Duties as the Personal Representative When Probating an Estate in Michigan

If you are the personal representative of a family member's Michigan estate, there isn’t a specific deadline to file the probate petition. However, it is best to proceed quickly to avoid problems, such as additional estate expenses, assets losing value, or documents getting lost.

Under Section 700.3703 of Michigan Compiled Laws, the personal representative has the duty to administer and settle the estate, which involves taking the following actions:

• File a petition. The first step in probating your loved one's estate is to file a petition to open an estate in the probate court in the county where they died. If they had a will, you should file it with the petition.
• Notify the heirs. You must notify all estate heirs that you are the personal representative and have filed a petition to open their estate. You must provide them with a copy of the petition and the will if there is one.
• Identify and secure estate assets. You will need to identify and secure control of your family members' assets. One of your duties as the personal representative is to file an inventory of estate assets and their value and serve a copy on the heirs. You must also pay the inventory fee.
• Notify creditors. You must also notify known creditors of the estate that a probate petition has been filed and that they have the right to file a claim against the estate.
• Pay debts. You are responsible for paying your family members' legitimate bills. If you dispute a debt, you have the right to litigate the creditor's claim in probate court.
• Distribute estate assets. Once the estate debts have been paid, your next duty is to distribute your loved one's remaining assets to their heirs according to their wishes in their will or under Michigan's intestate laws if they died without a will.
• Close the estate. After you have fulfilled all your responsibilities, your final duty is to file an accounting of how you administered the estate with the court and ask that it be closed. You must provide a copy of the accounting to heirs and creditors.

How Our Howell and Clinton Township Probate Attorneys Can Help

Serving as the personal representative of a loved one’s estate can be daunting, especially if you try to tackle all the steps in probating an estate on your own. Our legal team at Estate Planning & Elder Care Firm of Michigan can guide you every step of the way. We can help ensure that you fulfill your obligations and help make the process as stress-free and streamlined as possible.