Executor Duties in Michigan

Within 28 days after appointment, the personal representative must give notice of the appointment to heirs and devisees (and to the trustee of the decedent's revocable trust), notify the surviving spouse of election rights, and notify the friend of the court. Within 91 days after appointment, the representative must prepare an inventory at date-of-death values and send it to presumptive distributees and anyone who requests it. Notice to creditors is published, and claims are paid or disallowed. If the estate is not settled within a year, a notice of continued administration is due within 28 days after the anniversary. An unsupervised estate can be closed by sworn closing statement no earlier than 5 months after appointment, after the creditor period has expired and a full account has been given to distributees.

A personal representative must be appointed by the probate register (informal proceedings) or by court order (formal proceedings), qualify, and be issued letters; administration begins when letters are issued. To qualify, the representative files any required bond and a statement accepting the duties of the office. Michigan's document is called 'Letters of Authority for Personal Representative' (SCAO form PC 572), which states the appointment date, any limits on authority and any expiration date.

Claims that arose before death must be presented within 4 months after the notice to creditors is published. A known creditor has until the later of 4 months after publication or 1 month after the mailed notice is sent. If the required notice was not given, claims are barred 3 years after death. Claims arising at or after death generally must be presented within 4 months after they arise (or within the 4-month period, if later).