Most personal representatives in Michigan are able to handle these estate administration tasks without additional support. However, any interested party has the right to ask for supervised administration if they deem that it’s a fit for the particular circumstances.
Essentially, an estate that is supervised in Michigan requires a judge’s oversight into the actions taken by the personal representative. The representative’s powers are also somewhat limited when the estate is supervised.
If you want support with an estate as a personal representative, you might hire a lawyer to help you. Furthermore, creditors and beneficiaries of the estate can also ask for supervision.
If a will has been found valid, an interested party can request supervision by filing a petition for supervised administration after previous adjudication. At the beginning of an estate administration, however, you can also use a petition for probate to appoint a personal representative, ask for formal probate or ask for supervision. A judge will evaluate a couple of different factors in determining whether or not to approve supervision. The will might not include anything regarding supervision or ask for it specifically, but a judge will evaluate the circumstances of the individual estate to decide whether or not supervision is needed.
The judge might determine, for example, that the need for supervision has changed. Judges do not oversee unsupervised probate administration and unsupervised administration can occur with both informal and formal probate. If you have further questions about structuring your estate for Michigan, schedule a consultation with an experienced and dedicated lawyer.
Contact a Michigan estate planning lawyer today if you need support structuring your own estate.