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The Personal Representative in Michigan, also known as an executor, is qualified by the probate court to manage the affairs of the estate of a decedent. The personal representative must “administer the estate’ and gather and distributes assets to the heirs in addition to other duties. In other words, think of the personal representative as the CEO of a business and the heirs as shareholders. 

However, in reality, an attorney is used to help the Estate efficiently and properly process the paperwork, transfer the property, deal with creditors and assist with every other issue that comes up. Most of my clients have never been done this before and need a lot of help to get through it. 

Who gets to be the Personal Representative?

Michigan’s probate code has a batting order for picking the executor. In order, first:

  • The person nominated in the decedent’s Will as the executor
  • The decedent’s surviving spouse if also receiving property in the Will
  • Any person who is to inherit property
  • The decedent’s surviving spouse
  • Any other heir
  • Someone nominated by a creditor of the decedent
  • A public administrator appointed by the court if there is no one else to do it

The Role of the Probate Court

There is a common misunderstanding that a person’s Last Will and Testament picks the Personal Representative but this is not really accurate. A Will nominates or suggests one, however, the Probate Court makes the final decision. The Court can also determine if they will serve with or without a bond or if the estate will be supervised or unsupervised. The decisions of the judge will greatly impact the amount of authority the Personal Representative can exercise.

Have more questions? Give us a call at 313-291-0240.

Chris McAvoy is a  Michigan attorney who helps people with bankruptcy, divorce, probate, and estate planning. Our attorneys help people in Taylor, Allen Park, Southgate, Lincoln Park, Riverview, Taylor,  Trenton, Flat Rock, Wyandotte, Brownstown, Belleville, Dearborn, Dearborn Heights, Westland, Garden City,  Plymouth, Canton and the Downriver, Michigan area.