EPIC Questions and Answers - Menu
If a will appoints co-personal representatives, but one co-personal representative declines to serve (and the will is silent as to continuing to act alone), may the remaining personal representative be appointed informally? (ref. sections 1106(m), 3203, 3308(1)(f), 3309 and 3310) 0662
Does a foreign domiciliary personal representative have priority to be appointed personal representative in Michigan? (ref. sections 3204(4), 3203(1)(a) and 4205) 0643
May the county administrator may make funeral decisions without being appointed special personal representative or special fiduciary? (ref. section 3206) 0616
May an attorney in fact execute a renunciation on behalf of a principal or nominate an individual to take the principal's priority? (ref. section 3204) 0602
May a creditor serve as personal representative? (ref. section 3204(3)) 0549
Does a nominated personal representative who can not be located retain his or her priority? How must such individual be handled in commencing probate? (ref. sections 3203(1)(a), 3308 and 3414; MCR 5.125, 5.106 and 5.309) 0495
When a personal representative opposes the will under which he or she is nominated, does he or she retain priority to be appointed personal representative? How are specific devises of real property abated and is it possible for a specific devisee to receive the property when there must be abatement? (ref. sections 3203, 3204 and 3902) 0491
Does a minor heir retain priority for appointment as personal representative though unqualified to serve? Must a guardian ad litem be appointed for the minor? May a minor's conservator who is also an heir serve as personal representative? (ref. sections 3203 and 3204; MCR 5.121(A)(1)) 0486
How may you start an estate when an interested person is now deceased? (ref. section 3203(2); MCR 5.121 and 5.125(E)) 0470
Does the minority of the only child negate her priority to be appointed personal representative? Does a conservator for a minor have any priority? (ref. section 3203 and 3204) 0376Top of Page
May an attorney in fact under a power of attorney open an estate for a principal's deceased spouse? Since the principal has disappeared and the spouse has no heirs available, are there other options? (ref. sections 3301, 3401 and 3204(1); MCR 5.114(A)(3)) 0370
Personal representative of intestate estate "A" dies. A personal representative "S" of estate of the deceased personal representative is appointed pursuant to will. Does "S" have any priority to be appointed successor personal representative for estate "A"? (ref. sections 3203, 3204 and 3613) 0355
When dealing with a non citizen decedent with whereabouts of heirs unknown, what is the proper procedure for a creditor to follow to appoint a personal representative? (ref. sections 1302, 3201, 3202 and 3403; MCR 5.105(3) and 5.302) 0296
How may a former spouse be appointed personal representative of decedent's estate? (ref. sections 3203, 2801 and 2807) 0250
Can a resident of Canada be appointed as personal representative? (ref. sections 3203 and 3602) 0212
Can the personal representative of an interested person commence an estate proceeding? What priority would the personal representative have? (ref. sections 1105, 3301, 3401 and 3203) 0175
Can a probate register appoint a personal representative under waivers and consents in an informal proceeding? (Ref. section 3203) 0160
Must a conservator be appointed for a minor before a decedent estate can be commenced for a parent on behalf of such minor? (ref. sections 3204 and 1104(k)) 0144
Can a creditor petition for a formal appointment of a personal representative when there is no will? When can the appointment be made? (ref. sections 3414, 1105(c), and 3203(1)(f)) 0131
May the nominee of a creditor be appointed personal representative in an informal proceeding? (ref. section 3203) 0124Top of Page
Do you need a resident agent appointed for a fiduciary who does not lives in Michigan? (ref. sections 3203, 3204, and 3602) 0109
How soon can a funeral home proceed to have someone appointed to make funeral arrangements? (ref. sections 3301, 3203, 3615) 0088
Does a designee of a person having priority take that person's priority for the purpose of informal appointment of a personal representative? (ref. sections 3204(2), 3203(3)) 0084
When a person with priority nominates an individual do we need consent from those with equal priority to that individual? (ref. section 3203) 0074
Can a waiver and consent be signed by a person with priority in lieu of a renunciation? (ref. section 3203) 0073
May a non resident be nominated in a will as personal representative? (ref. section 3204) 0068
Does a personal representative nominated in a will have priority in an informal proceeding? (ref. section 3203, 3310) 0063
When does a person have a "property right" sufficient to for them to be an "interested person"? Can a creditor be a personal representative? (ref. sections 3301, 1105(c), 3203) 0059
How must an unsecured creditor begin an estate with no known heirs? (ref. sections 3203, 3308, 3310) 0048
How does a renunciation affect the nomination of a personal representative? (ref. section 3203) 0040Top of Page
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Last Updated: 1-11-10
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