In Michigan, we use the term “personal representative” to identify the person that will hold the fiduciary duty of administering a person’s estate after death. Becoming the personal representative (PR) means that you are in control of all of the affairs of the decedent’s probate estate. The PR has the right to hire an attorney to litigate any claims, including wrongful death claims. Also, the PR has the right to hire (and for the estate to pay for) counsel to represent the personal representative during the administration of the estate.
How is it determined who will serve? The answer to this questions is quite easy if there is a Will that names the personal representative. Unless unqualified to serve, the court will appoint that person named in the Will. The questions becomes more difficult to answer if there is no Will.
Michigan’s probate code (EPIC) section 700.3203 sets forth the priority among persons seeking appointment as personal representative who are not otherwise disqualified.
- The personal named in the probated Will;
- The surviving spouse, if the spouse is named in the Will of the decedent;
- Others receiving shares in the Will (called devisees);
- The surviving spouse (if not named in the Will);
- Other heirs of the decedent;
- After 42 days after the decedent’s death, the nominee of a creditor.
Another important statute is what is commonly referred to as the Economic Majority Rule. Under MCL 700.3203(2)(b), unless priority is determined by having been named in the decedent’s Will, the nominee of a majority of the devisees or a majority of the heirs is to be appointed as personal representative. So, that if three of the heirs want one person to be appointed (representing 60% of the distributable value) and two of the heirs want another person appointed (representing 40% of the distributable value), the probate court should pick the person that is wanted by the majority.
People of equal priority have an equal shot at becoming the personal representative. It is up to the judge to decide.
The Probate Pro fights these battles daily. A deep understanding of Michigan’s priority statute for the appointment of a personal representative can give you the edge you need to get appointed. When disputes arise, The Probate Pro’s team of experienced litigation attorneys will represent trustees, personal representatives and beneficiaries in probate and trust litigation. Call (833) PROBATE.