Part 2: Who Can Object to a Personal Representative in Michigan?

By: Sarah Meinhart, estate planning attorney in Ann Arbor

Once a petition to appoint a personal representative has been filed, Michigan law gives certain individuals the right to object to the appointment. But who can object—and what grounds do they need?

Who Can Object?

Michigan probate law defines an “interested person” as anyone who has a legal or financial stake in the estate. This includes:

Heirs (those who would inherit under Michigan intestacy laws)
Beneficiaries named in the will
Nominated personal representatives
Creditors
Devisees (people given property through the will)
Guardians or conservators of interested persons

These individuals can file a written objection with the probate court if they believe the proposed personal representative is unfit or was improperly nominated.

Common Reasons for Objection

An objection must be based on valid legal grounds. Common reasons include:

Lack of qualification – The proposed representative is underage, mentally incapacitated, or has a disqualifying felony conviction.
Conflict of interest – For example, if the proposed representative has a financial stake that could interfere with fair administration.
Improper nomination – If a will is alleged to be invalid, the nomination of a personal representative within it may also be challenged.
Alleged misconduct – If the person has a history of dishonesty, fraud, or mismanagement in prior fiduciary roles.
Non-residency or unavailability – If the proposed representative is out of state and cannot reasonably fulfill their duties.

What Happens After an Objection Is Filed?

If an objection is filed, the court will likely schedule a probate hearing. At this hearing:

The objector must present evidence or testimony supporting their claim.
The proposed personal representative may respond and offer their own evidence.
The judge will then decide whether the person should be appointed or if someone else should take on the role.
The judge can appoint a Special Fiduciary to take control of assets or perform an accounting to preserve assets
The judge can halt sale of real estate or other assets until the legal issues are resolved

The court's primary goal is to ensure that the personal representative is qualified, impartial, and capable of performing their duties in accordance with Michigan law.

Can You Prevent Future Disputes?

Yes. Estate planning done ahead of time can significantly reduce the likelihood of these types of disputes. Steps to take include:

Working with an estate planning attorney in Ann Arbor to draft a clear, valid will
Including a backup or alternate personal representative
Communicating your choices to family members before death

An experienced estate planning attorney can also help you draft provisions in your will that discourage challenges, such as “no contest” clauses—although their enforceability can vary depending on the situation.

Take Action with Confidence—Get Help from an Estate Planning Attorney in Ann Arbor

Disputes over who should manage a loved one’s estate can cause lasting damage to families and delay the probate process. Whether you’re considering filing an objection, defending your nomination, or hoping to avoid future conflicts through proper planning, you don’t have to navigate this alone.

Our experienced estate planning attorneys in Ann Arbor can help you:

Understand your rights as an interested party
Build a strong case for or against a proposed personal representative
Minimize stress and costly delays during probate
Design a clear, enforceable estate plan that protects your wishes

Let us help you bring clarity to a complex situation and protect what matters most.

📞 Contact us today to schedule a consultation with a knowledgeable probate and estate planning attorney in Ann Arbor.