An Executor's Practical Guide to Probate

If you’ve been appointed personal representative of a probate estate, it is likely you are wondering what your duties are and what steps you are required to take. Probate proceedings are often time consuming because they are full of confusing procedural requirements.

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As personal representative, you are either an executor (if you were appointed by a will) or an administrator (if there was no will and a court appointed you). Both an executor and an administrator have a duty to administer the estate with trust, honesty and care. Before a representative can legally begin to act, they must open the probate proceeding and a judge must approve their appointment. Subject to any additional requirements of the probate court, a personal representative must do the following actions:

1. File necessary paperwork with the probate court
2. Inventory and collect all estate assets
3. Give notice of the proceeding to heirs, beneficiaries and other interested parties
4. Give accountings to court and heirs, if required
5. Give notice of the proceeding to potential creditors
6. Pay any valid debts and liabilities
7. Defend the estate in any litigations to which the estate is a party
8. Distribute assets.

Michigan does allow a personal representative to receive reasonable compensation for their services. Serving as representative is not to be taken lightly. If you are appointed as a personal representative, consider contacting an attorney to discuss your responsibilities and duties. Whether it is a one-time consultation or assisting with the full probate process, our office can assist. Contact us today!