When we begin planning for the future, selecting the right executor for our estate is one of the most important decisions we can make. This individual will be responsible for carrying out our final wishes, managing assets, paying debts, and distributing property to beneficiaries according to the terms of our will.
Because of the authority granted to this role, it’s critical that we choose someone who is reliable, organized, and capable of handling legal and financial matters. The wrong choice could result in delays, disputes, or financial mismanagement—so it’s worth taking time to get it right. In Michigan, there are specific legal standards and practical factors we should consider when naming an executor, formally referred to under Michigan law as a “personal representative.”
Understanding The Role Of A Personal Representative In Michigan
In Michigan, an executor is legally called a “personal representative,” and their powers and duties are defined under the Michigan Estates and Protected Individuals Code (EPIC), codified in MCL 700.3701 through 700.3959. This individual is appointed to manage and settle our estate after we pass away. The personal representative is responsible for:
- Identifying and collecting estate assets
- Paying off debts and taxes
- Managing estate property during administration
- Distributing property according to the will or Michigan intestate laws
- Filing necessary documents with the probate court
Under MCL 700.3203, if we name someone in our will, the court will give that person priority for appointment unless they are disqualified. If we don’t name someone, the court will follow an order of priority, starting with the surviving spouse and then adult children.
Legal Requirements For Serving As A Personal Representative In Michigan
Not everyone can legally serve as a personal representative in Michigan. According to MCL 700.3204, a person must be at least 18 years old and of sound mind. A person convicted of a felony involving dishonesty or moral turpitude is disqualified unless the court determines the appointment is in the estate’s best interest.
It’s also important to note that while Michigan law allows both residents and non-residents to serve, non-residents may be required to appoint a resident agent or have additional oversight by the court.
Qualities To Look For When Choosing An Executor
Choosing someone simply because they are family is not always the best choice. We should look for the following traits:
- Trustworthiness – This person will have access to sensitive financial information and our assets.
- Organizational Skills – Managing an estate involves deadlines, recordkeeping, and paperwork.
- Communication – The ability to communicate clearly with beneficiaries and the court is essential.
- Financial Acumen – While they don’t need to be a financial advisor, understanding the basics of accounting, taxes, and budgeting helps.
- Willingness To Serve – Always confirm that the person is willing and able to take on the responsibility.
We can also consider appointing a co-executor, such as a family member and a professional (like an attorney or CPA), to balance personal and technical skills.
When A Professional Executor Might Be A Better Fit
There are situations when appointing a professional may be the better option. If our estate is complex, involves business interests, or if we anticipate family conflict, an impartial third party can ensure the process remains fair and efficient. Many Michigan families choose estate attorneys, corporate fiduciaries, or trust companies to serve in this role, especially when the estate includes significant assets or special tax considerations.
Changing Or Removing An Executor In Michigan
We’re allowed to change our nominated executor at any time by updating our will. After death, if the appointed personal representative is not acting in the estate’s best interest, any interested party can petition the probate court for removal under MCL 700.3611. Grounds for removal include mismanagement of estate property, failure to perform duties, or conflict of interest. The court may then appoint someone else according to the statutory priority list.
Why Legal Guidance Is Important
Even though we can technically choose anyone who meets the basic qualifications, that doesn’t mean every choice is a good one. We need someone who can handle legal obligations, tax matters, and possibly disputes between heirs. Working with an estate planning attorney can help us evaluate potential choices and make sure the selection aligns with Michigan probate rules and our long-term goals.
FAQs About Choosing An Executor In Michigan
Can I Name More Than One Person As Executor In Michigan?
Yes, we can name co-personal representatives in Michigan. However, we should be cautious. When multiple people serve together, they must make decisions jointly, which can lead to disagreements or delays. If we decide to name co-executors, it’s best to ensure they can work well together and understand the responsibilities. In some cases, naming a primary representative and then listing an alternate can be a more effective solution.
Can A Beneficiary Also Serve As Executor Of My Will In Michigan?
Yes, under Michigan law, a beneficiary can also serve as the personal representative of the estate. This is common, especially when a surviving spouse or adult child is named. However, we should make sure that this person can handle the responsibilities objectively and fairly. If there are multiple beneficiaries or a high likelihood of disputes, this dual role could create tension, so we may want to consult with an attorney to assess whether it’s the right fit.
What Happens If The Person I Chose As Executor Dies Or Is Unable To Serve?
If the nominated personal representative dies, becomes incapacitated, or declines to serve, the court will appoint someone else. If we named an alternate in our will, that person will usually be appointed. Otherwise, the court will follow the order of priority under MCL 700.3203. To avoid complications, we should always name at least one alternate executor in our estate plan.
Does The Executor Get Paid In Michigan?
Yes, under MCL 700.3719, personal representatives are entitled to “reasonable compensation” for their services. This payment comes from the estate and should reflect the time and effort involved in handling the estate’s affairs. If we want to specify how much or limit the compensation, we can do so directly in the will. We should also keep in mind that professional fiduciaries may charge a fee schedule based on estate value or hourly work.
Can A Bank Or Law Firm Be Named As My Executor?
Yes, we can appoint an institution such as a bank’s trust department or a law firm as our executor. These entities often have specialized experience handling estates and can serve as impartial parties. This can be especially useful if we do not have someone we trust to take on the role or if we anticipate complex legal or financial issues. It’s important to confirm their willingness to serve in advance and discuss any associated fees.
Call Our Estate Planning Attorneys For Comprehensive Estate Planning Guidance
Choosing the right executor is more than just filling in a name on a will—it’s one of the most important decisions we can make in our estate plan. At Boroja, Bernier & Associates, we guide Michigan families every day through these critical choices. Whether your estate is simple or complex, we’ll help you make sure your affairs are managed the way you intended.
To schedule a personalized estate planning consultation with the Michigan estate plan attorneys at Boroja, Bernier & Associates, call our law offices at 586-991-7611. We have convenient locations in Troy, Michigan, and Shelby Township, Michigan, and we serve clients in Oakland County and Macomb County. Let’s make sure your legacy is protected with the right people in place.
