Probate - Is there a time requirement regarding a personal representative's formal acceptance of appointment?

Question

Is there a time requirement regarding a personal representative's formal acceptance of appointment following the decedent's death? What is a reasonable amount of time allowable to determine if they are "unwilling or unable to serve" as stated in the will?

Answer

There is no time limit for an individual who is appointed as personal representative in an order to accept that appointment. If an individual does not accept the appointment within a reasonable time, an interested person should petition the court to appoint another individual as personal representative and to vacate the previous appointment. Reasonable time is not defined and it would be within the sound discretion of the judge to determine.

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Last Updated: 8-19-09

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to: pharter@calhouncountymi.gov