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Probate Estate Litigation
Every estate is administered by a personal representative.  The personal representative handles all distributions of the money and property from the estate.  Only an interested person  may file an application for appointment as a personal representative.  An interested person is defined very broadly by Michigan law, and it includes heirs, devisees, children, spouses, creditors, beneficiaries and any other person that has a property right in or claim against the estate of a decedent.

The personal representative has the duty to settle and distribute the estate "as expeditiously and efficiently as is consistent with the best interests of the estate" and "except as otherwise specified or ordered in regard to a supervised personal representative, without adjudication, order or direction of the court."  Essentially, the personal representative engages in unsupervised administration until the estate is completed or until an interested person including  files a petition in a formal proceeding asking that the court to enter an order to resolve some issue involving the estate.

MCL § 700.3415 provides for independent requests to the court.  This law provides that any interested person at any time may petition the court for an answer to any question that arises in the administration of an estate.  The petition is independent in that it does not result in continued court involvement in any other matter.  Once the petition is filed a hearing can be held and the court will issue an order based upon the results of the hearing.

Nesi and Associates has the litigation experience to help clients though the hearing process, and will fight for an appropriate settlement of the estate.