Letters Testamentary in Michigan
How the Michigan probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: 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. MCL 700.3103, 700.3601; SCAO form PC 572
| Letters testamentary | 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. Statute: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3103 |
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| Who can be executor | Priority for appointment goes to the person named in the will, then the surviving spouse if a beneficiary, other beneficiaries, the spouse if not a beneficiary, other heirs, a creditor's nominee after 42 days, and finally the public administrator after 63 days. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve; the statute sets no residency requirement. In informal proceedings bond is generally not required unless the will requires it or a special personal representative is appointed. In formal proceedings the court may require bond, but not if the will waives it unless an interested person asks and the court finds bond desirable. Source: MCL 700.3203, 700.3204, 700.3603 |
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FAQ
How do I get letters testamentary in Michigan?
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.
Who can be an executor in Michigan?
Priority for appointment goes to the person named in the will, then the surviving spouse if a beneficiary, other beneficiaries, the spouse if not a beneficiary, other heirs, a creditor's nominee after 42 days, and finally the public administrator after 63 days. A person under 18, or one the court finds unsuitable in formal proceedings, cannot serve; the statute sets no residency requirement. In informal proceedings bond is generally not required unless the will requires it or a special personal representative is appointed. In formal proceedings the court may require bond, but not if the will waives it unless an interested person asks and the court finds bond desirable.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.