Part 1: Who Gets to Be a Personal Representative in Michigan?

By: Sarah, Meinhart, estate planning attorney in Ann Arbor

When a loved one passes away, someone must take responsibility for handling their final affairs—paying debts, distributing assets, and navigating the probate process. In Michigan, this role is called the personal representative (also known as the executor in other states). But who actually has the right to serve in this important role?

Understanding the Role of a Personal Representative

A personal representative is appointed by the probate court to administer the estate of a deceased person. Their responsibilities can include:

• Gathering and inventorying the decedent’s assets
• Paying valid debts and taxes
• Distributing property to heirs or beneficiaries
• Filing required documents with the probate court

Given the level of responsibility involved, Michigan law outlines a clear hierarchy of who has priority to be appointed as personal representative.

Priority for Appointment Under Michigan Law

The Michigan Estates and Protected Individuals Code (EPIC) governs how personal representatives are appointed. Here's a simplified order of priority:

1. Person named in the will – If the deceased left a valid will and named a personal representative, that person has first priority.
2. Surviving spouse – If the spouse is also a beneficiary under the will, they typically have the next claim.
3. Other beneficiaries – Heirs or other individuals named in the will can request appointment.
4. Nominee of a creditor – If no family or heirs come forward, creditors may request appointment after 42 days.
5. Public administrator – In rare cases, when no qualified person is available, the county public administrator may step in.

Qualifications to Serve

Regardless of their place in the priority list, a personal representative must be:

• At least 18 years old
• Of sound mind
• Not a person who is under legal disability
• Not someone who has been convicted of a felony involving dishonesty, breach of trust, or physical harm

It’s also worth noting that Michigan does not require the personal representative to live in the state, though appointing a local person can simplify logistics.

What If There’s No Will?

If someone dies without a will, Michigan law provides a slightly different order of priority:

1. Surviving spouse
2. Children or other heirs
3. Other interested persons, including creditors
4. State or County Public Administrator

It’s crucial to file a petition with the probate court to begin the process, whether you’re named in the will or simply believe you have priority.

Why Legal Guidance Matters

Choosing a personal representative—or navigating a situation where multiple parties may want the role—can be complex and emotionally charged. Working with an experienced estate planning attorney in Ann Arbor can help you:

• Understand your rights and responsibilities
• Avoid unnecessary conflicts or court delays
• Ensure the estate is administered efficiently and lawfully
• Understand what a fiduciary is and who his or her responsibility is to avoid liability due to serving in a fiduciary

Whether you are preparing your own estate plan or trying to settle a loved one’s estate, an attorney can help you make informed decisions and reduce the chance of future disputes.

Contact an Estate Planning Attorney in Ann Arbor to Help You!

Regardless of your stage in life, consult an estate planning attorney in Ann Arbor to create your estate plan with a will and a trust. With the help of an experienced estate planning attorney at Pear Sperling Eggan & Daniels, P.C, you can rest assured that your assets will be easily located, managed, and passed to your loved ones.