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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. |