You’ve been named personal representative or successor trustee. Now you’re responsible for an entire estate—and you have no idea where to start. At Boroja, Bernier & Associates, we don’t let estates languish. We move with urgency, handle the details, and get matters closed correctly. Because your family deserves resolution, not endless waiting.
Serving Macomb, Oakland & Wayne Counties | Southeast Michigan | Central Michigan | Mid-Michigan
Meet Daniel Boroja, Probate & Trust Administration Partner
Someone you loved has passed. And somewhere in the grief—between the funeral arrangements and the condolence calls—you discovered you’ve been named personal representative of the estate or successor trustee of a trust.
Congratulations. You now have a job you never applied for.
A job with legal duties. Deadlines you didn’t know existed. Forms you’ve never seen. Creditor claims you have to evaluate. Beneficiaries asking questions you can’t answer. Tax returns you didn’t know were required. And personal liability if you get it wrong.
Michigan law doesn’t care that you’re grieving. It doesn’t care that you’ve never done this before. The deadlines are the deadlines. The duties are the duties. And the consequences for mistakes—improper distributions, missed claims, incomplete accountings—fall on you.
Most people in your position feel paralyzed. They know they should be doing something, but they don’t know what. They’re terrified of making a mistake that costs them personally or creates problems with family members. They want someone to take this burden off their shoulders and just handle it.
That’s what we do.
At Boroja, Bernier & Associates, we’ve settled hundreds of estates and trust administrations throughout Michigan. We don’t dabble in probate—we do this work every day. We know the Michigan Estates and Protected Individuals Code inside and out. We know which probate courts move quickly and which require extra attention. We know the creditor claim deadlines, the inventory requirements, the accounting formats, the distribution rules.
And we don’t let matters sit. Our hustle isn’t chaos—it’s focused, gritty persistence in pursuit of getting your matter closed. We prepare relentlessly, act decisively, and push through obstacles until the job is done right.
Results over effort. We measure success by estates closed and fiduciaries discharged—not by hours billed or motions filed. When you’re done, you’re done—with proper documentation protecting you from future liability. Most personal representatives don’t realize they’re personally liable for administration mistakes until something goes wrong. Under Michigan law, fiduciaries who make improper distributions, miss creditor deadlines, or fail to follow court requirements can be held financially responsible. That’s why getting it right isn’t optional—it’s protection.
Probate That Moves. Administration That Actually Gets Done.
Every probate attorney says they’ll “guide you through the process.” What does that even mean? Here’s what we actually deliver—and why it matters for getting your estate closed.
We Don’t Let Matters Sit
Some law firms treat probate files like wine—they think they get better with age. Files sit on desks for weeks. Court deadlines approach without action. Estates that should close in nine months drag on for two years.
That’s not how we operate.
We move with urgency because your family deserves resolution. When creditor claims need evaluation, we evaluate them. When accountings need preparation, we prepare them. When distributions can be made, we make them. We don’t wait for you to call asking what’s happening—we’re already moving.
Our hustle isn’t chaos—it’s focused persistence. We prepare relentlessly, act decisively, and push through obstacles until the job is done. You won’t spend the next two years wondering when this will finally be over.
Effort Is Expected—Results Are Required
We don’t measure success by hours billed or motions filed. We measure it by estates closed and fiduciaries discharged.
Effort matters, but results define excellence. Any firm can stay busy on your file. We stay effective. Every action we take gets measured against one question: Does this move your estate toward closing? If it doesn’t, we don’t do it. If it does, we do it right the first time.
Probate mistakes are expensive to fix. Improper distributions create personal liability. Missed creditor notices extend claim periods. Incomplete accountings get rejected by the court. Every error means more time, more expense, more frustration.
We set—and reset—a higher bar for preparation because the stakes are too high for shortcuts. Asset inventories get verified. Creditor claims get properly noticed. Court accountings get done accurately and completely. Every detail matters, and we treat it that way.
Excellence is contagious, mediocrity is too. You’ll see the difference in work that’s done right from the start.
Minimal Court Involvement Required
Here’s something most people don’t realize: the vast majority of Michigan probate matters proceed through informal administration with minimal court appearances. You’re not going to spend the next year trooping back and forth to the courthouse.
For straightforward estates, you may never see the inside of a courtroom. You file the appropriate documents, fulfill your duties, and close the estate—all without formal hearings.
Trust administration is even more streamlined. Trusts operate entirely outside the probate court system. No court supervision, no public filings, no hearings. You administer the trust according to its terms, make proper distributions, and you’re done.
We know which matters require court involvement and which don’t—and we structure administration to minimize complications while fulfilling all legal requirements.
The Whole Team Is Invested in Your Success
We win together. That’s not a slogan—it’s how we operate.
When you work with Boroja, Bernier & Associates, you’re not getting a single attorney working in isolation. You’re getting a team that’s invested in getting your matter closed correctly and efficiently. Your success—an estate settled, a trustee discharged, a family able to move forward—is our success.
Client outcomes, team performance, and firm results are inseparable. When you win, we all advance. That alignment means everyone working on your matter is focused on the same goal: getting this done right.
Accountability You Can Count On
You’ll always know where the estate stands. Always.
We make clear commitments about timelines and process, and we meet them. When challenges arise—and they do in estate administration—we surface them early and take corrective action. No discovering six months in that a creditor claim was missed. No finding out at the final accounting that assets weren’t properly inventoried.
Trust is built on accountability. You’re already carrying enough responsibility as personal representative or trustee. You shouldn’t have to wonder whether your attorney is paying attention.
When Disputes Arise, We’re Ready
Most estate and trust matters proceed without litigation. Proper administration, clear communication with beneficiaries, and competent execution prevent the vast majority of disputes.
But some situations require a fight. Will contests. Trustee removal petitions. Breach of fiduciary duty claims. Beneficiaries who won’t accept proper administration.
We’ve successfully litigated contested probate matters in Michigan courts—defending personal representatives against removal, pursuing breach claims, resolving disputes that couldn’t be negotiated. While efficient administration is always the goal, you’ll never have to wonder whether your attorney can actually perform if litigation becomes necessary.
Estate Administration (Probate)
Probate Administration: Getting Estates Settled Correctly and Efficiently
Probate is the court-supervised process of settling a deceased person’s estate—identifying and gathering assets, paying valid debts and taxes, and distributing what remains to the people entitled to receive it. When someone dies owning assets in their name alone, probate is typically required to transfer those assets.
For personal representatives, probate means responsibility. You’re the one the court holds accountable for proper administration. Get it wrong, and you can be held personally liable. Get it right, and you can close the estate with confidence and move on.
We help personal representatives fulfill their duties correctly, efficiently, and with minimal court involvement.
When Is Probate Required in Michigan?
Not every death requires probate. Assets with beneficiary designations (retirement accounts, life insurance), jointly-owned property with rights of survivorship, and assets held in trust generally pass outside probate.
But assets owned solely by the deceased—real estate in their name alone, bank accounts without POD designations, vehicles titled only in their name—typically require probate to transfer.
Michigan offers different procedures depending on estate size and circumstances:
Small Estate Procedures: For estates with assets under $50,000 (after deducting liens and encumbrances), Michigan allows simplified procedures under MCL 700.3982-3983. These can transfer assets without full probate administration—faster and less expensive when estates qualify.
Informal Probate: Most estates proceed through informal probate—a streamlined process that doesn’t require court hearings for routine matters. The personal representative is appointed through application, and administration proceeds with court oversight but minimal court appearances. Most of our clients never see the inside of a courtroom.
Formal Probate: When disputes exist, will validity is questioned, or circumstances require direct court supervision, formal probate involves actual hearings and judicial oversight at key stages.
Supervised Administration: In contested matters, complex estates, or situations involving concerns about fiduciary conduct, the court may order supervised administration requiring court approval for major actions.
Personal Representative Duties Under Michigan Law
Under Michigan’s Estates and Protected Individuals Code (EPIC), personal representatives have specific legal duties. These aren’t suggestions—they’re requirements with consequences:
Duty of Loyalty: Act in the estate’s best interests and the beneficiaries’ interests—not your own interests or anyone else’s.
Duty of Care: Administer the estate with reasonable care, skill, and caution. The standard: what a prudent person would do managing similar property.
Duty to Inform: Keep beneficiaries reasonably informed about administration progress and respond to reasonable requests for information.
Duty to Account: Prepare accurate inventories and accountings showing assets, receipts, disbursements, and distributions.
Duty to Preserve: Protect estate assets from waste, loss, or damage during administration.
We ensure you understand these duties and fulfill them properly—protecting both the estate and yourself.
The Michigan Probate Timeline: What to Expect
Every estate is different, but most administrations follow this general timeline:
Opening the Estate (Weeks 1-4): File the appropriate petition, submit the original will (if one exists), and obtain appointment. Once appointed, you receive “Letters of Authority”—the document proving your legal authority to act.
Notice, Inventory, and Creditor Claims (Months 1-4): Notify known creditors and publish notice to unknown creditors—triggering a four-month claim period under MCL 700.3801. Locate and inventory all estate assets. Open an estate bank account. Begin gathering tax information.
Ongoing Administration (Months 2-7): Address creditor claims as submitted—paying valid claims, objecting to invalid ones. Manage estate assets. Prepare required tax returns (final income tax, estate income tax, estate tax returns if applicable).
Accounting and Distribution (Month 7+): Prepare the estate accounting showing all financial activity. Obtain required approvals. Make distributions to heirs and beneficiaries according to the will or Michigan’s intestacy statutes. File closing documents.
Timeline Expectations: Simple estates with cooperative beneficiaries typically close within six to nine months. Estates involving real estate sales, tax complications, or disputes take longer—sometimes twelve to eighteen months or more. We give you realistic expectations for your specific situation from day one.
The most common probate mistake we see is personal representatives who distribute assets too quickly—before the four-month creditor claim period expires or before all potential claims surface. Under MCL 700.3807, a personal representative who distributes improperly can be personally liable to unpaid creditors. Proper timing isn’t procedural technicality—it’s personal protection.
Service Area: The Michigan probate attorneys at Boroja, Bernier & Associates handle estate administration throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan.
Need guidance on estate administration?
Call (586) 991-7611 or schedule a consultation
Trust Administration
Trust Administration: Guiding Successor Trustees Through Their Responsibilities
When the person who created a trust dies or becomes incapacitated, someone must step in to manage and distribute trust assets according to the trust’s terms. That person—the successor trustee—takes on serious fiduciary responsibilities.
If you’ve been named successor trustee, you’re probably wondering: What exactly am I supposed to do? What deadlines apply? How do I handle distributions? What happens if beneficiaries are unhappy with my decisions?
Good questions. We have answers.
The Advantage: No Court Involvement
Here’s the key difference between trust administration and probate: trusts operate entirely outside the court system.
No court supervision. No public filings. No hearings. No waiting for court dates. No accounting requirements imposed by judges.
You administer the trust according to its terms, fulfill your fiduciary duties, make proper distributions, and you’re done. It’s faster, more private, and more efficient than probate—which is exactly why many people create trusts in the first place.
But operating without court oversight means you need to get it right yourself. No judge is reviewing your decisions. No court is catching your mistakes. The trust document is your roadmap, and you’re responsible for following it correctly.
That’s where we come in.
Successor Trustee Duties
Successor trustees have fiduciary duties similar to personal representatives:
Administer According to Trust Terms: The trust document controls. Distribution provisions, timing requirements, conditions on distributions—everything flows from what the trust actually says.
Prudent Investment: Trust assets must be invested prudently during administration. You can’t leave everything sitting in a checking account earning nothing, but you also can’t gamble with assets beneficiaries depend on.
Impartial Treatment: When there are multiple beneficiaries, you must balance competing interests—current beneficiaries versus future beneficiaries, income interests versus remainder interests.
Record-Keeping and Accounting: Maintain accurate records of all trust transactions. Provide accountings to beneficiaries as required by the trust terms or Michigan law.
Tax Compliance: File required tax returns, including the trust’s income tax returns and potentially estate tax returns for larger estates.
Distribution: Ultimately, distribute trust assets according to the trust’s terms—whether that means outright distributions, ongoing trust management, or complex distribution schemes with conditions.
Common Trust Administration Challenges
Even well-drafted trusts create administration challenges:
Improperly Funded Trusts: The deceased created a trust but never transferred assets into it. Now you’re dealing with both probate (for unfunded assets) and trust administration—and trying to figure out how to coordinate them.
Ambiguous Distribution Provisions: Language that seemed clear when drafted creates questions in actual administration. What does “for health, education, maintenance, and support” actually cover? When can you distribute principal versus income?
Beneficiary Conflicts: Multiple beneficiaries with competing interests. Someone who wants distributions now versus someone who wants the trust preserved. Disagreements about how assets should be invested or managed.
Tax Complications: Trusts have their own tax rules. Mistakes can shift tax burdens unexpectedly. Missing certain elections can mean unnecessary filings and expense.
We help successor trustees navigate all of these challenges—providing the guidance you need to fulfill your duties correctly while protecting yourself from liability.
Many successor trustees don’t realize that Michigan law requires specific notices to qualified beneficiaries within 63 days of accepting trusteeship—information about the trust’s existence, trustee contact information, and beneficiaries’ rights to request trust information. Under MCL 700.7813, missing this deadline doesn’t void the trust, but it starts administration on the wrong foot and can create complications with beneficiaries who feel they weren’t properly informed.
Service Area: The trust administration attorneys at Boroja, Bernier & Associates guide successor trustees throughout Macomb County, Oakland County, Wayne County, Southeast Michigan, Central Michigan, and Mid-Michigan.
Serving as successor trustee?
Contested Probate & Trust Matters
When Disputes Arise: Will Contests, Trust Litigation & Fiduciary Claims
Most estate and trust matters proceed without litigation. Proper administration, clear communication with beneficiaries, and competent execution prevent the vast majority of disputes.
But some situations can’t be resolved through administration alone. Family dynamics explode. Beneficiaries challenge decisions. Will validity gets questioned. Fiduciaries fail their duties. When that happens, you need counsel who can perform in the courtroom—not just push paper.
Will Contests
Michigan law allows interested persons to contest a will’s validity on specific grounds:
Lack of Testamentary Capacity: The deceased didn’t understand what they owned, who their family members were, or what signing the will meant. Dementia, mental illness, or cognitive impairment at the time of signing can invalidate a will.
Undue Influence: Someone exerted improper pressure on the deceased—overcoming their free will and substituting the influencer’s wishes. This often involves a person in a position of trust who isolated the deceased and directed the estate plan to benefit themselves.
Improper Execution: The will wasn’t signed with the formalities Michigan law requires—proper witnesses, the testator’s signature, the required acknowledgments under MCL 700.2502.
Fraud: The deceased was deceived about what they were signing or about material facts affecting their estate planning decisions.
Will contests have specific procedural requirements and tight deadlines. Prompt action matters—whether you’re challenging a will or defending one.
Trust Contests and Litigation
Trusts can be contested on similar grounds—lack of capacity, undue influence, improper execution. But trusts also create additional litigation possibilities:
Trustee Removal: When trustees fail their duties, breach their obligations, or become unsuitable to serve, beneficiaries can petition for removal and appointment of a successor.
Breach of Fiduciary Duty Claims: Trustees who mismanage assets, make improper distributions, engage in self-dealing, or fail to account can be held personally liable for resulting losses.
Trust Modification or Termination: Under certain circumstances, beneficiaries or trustees can petition courts to modify trust terms that no longer serve their intended purpose or to terminate trusts entirely.
Our Approach to Contested Matters
We focus primarily on efficient estate and trust administration—getting matters closed correctly without unnecessary conflict. But when disputes arise that can’t be resolved through proper administration, we have the litigation experience to handle them.
Strategic evaluation comes first. Not every dispute requires full-blown litigation—many matters can be resolved through negotiation, mediation, or creative solutions that avoid courtroom battles. But when litigation is necessary, we’re prepared to pursue or defend claims effectively.
Facing a contested probate or trust matter?
What to Expect: Our Estate & Trust Administration Process
We don’t hand you a stack of forms and wish you luck. We take the burden of figuring this out off your shoulders and get the work done.
Step 1: Initial Consultation & Assessment
We start by understanding your situation completely. What assets exist? Who are the beneficiaries? Are there potential complications—family conflicts, unusual assets, tax concerns, creditor issues? What are your concerns and priorities?
You’ll leave this meeting knowing what administration will involve, what your responsibilities are, what timeline to expect, and what costs to anticipate. No surprises later.
Timeline: 45-60 minutes (in-person at our Shelby Township headquarters, or by phone or video)
To schedule your consultation, call (586) 991-7611 or schedule online.
Step 2: Opening the Estate or Trust Administration
For probate matters, we prepare and file the appropriate petition, obtain your appointment as personal representative, and secure your Letters of Authority. For trust matters, we review the trust document, prepare required beneficiary notices, and establish the administrative framework.
We handle the paperwork. You focus on your family.
Timeline: 1-3 weeks for probate appointment; immediate for trust administration commencement
Step 3: Asset Identification & Inventory
We work with you to identify and inventory all estate or trust assets—bank accounts, investments, real estate, personal property, digital assets, everything. For probate matters, we prepare the court-required inventory. For trust matters, we establish proper records.
Thoroughness now prevents problems later.
Timeline: Varies by estate complexity
Step 4: Creditor Claims & Ongoing Administration
For probate estates, we handle creditor notice requirements and help you evaluate claims as they’re submitted. For both probate and trust matters, we guide ongoing administration—asset management, tax filings, beneficiary communications, and decisions as issues arise.
We stay on top of deadlines so nothing falls through the cracks.
Timeline: 4+ months for creditor claim period; ongoing as needed
Step 5: Accounting & Distribution
We prepare accurate accountings showing all financial activity. We determine proper distribution timing and amounts. We ensure distributions are documented correctly to protect you from future claims.
Timeline: Varies by estate complexity and beneficiary needs
Step 6: Closing & Discharge
For probate matters, we prepare and file closing documents and obtain your formal discharge as personal representative. For trust matters, we ensure proper documentation of final distributions and obtain beneficiary receipts and releases as appropriate. When we’re done, you’re done—with documentation protecting you from future liability.
Frequently Asked Questions: Michigan Probate & Trust Administration
Simple estates typically close within six to nine months—Michigan requires a four-month creditor claim period before distributions can safely be made. Estates involving real estate sales, tax complications, or beneficiary disputes often take twelve to eighteen months or longer. We provide realistic timeline expectations for your specific situation.
Costs depend on estate complexity, asset types, and whether disputes arise. Court filing fees are relatively modest. For straightforward administrations, total costs including attorney fees typically range from $10,000 to $15,000. Complex estates with litigation, tax complications, or unusual assets cost more. We provide transparent fee estimates based on your circumstances.
You’re not legally required to hire an attorney, but we strongly recommend it. Personal representatives have legal duties with personal liability for mistakes. The cost of competent guidance is modest compared to the cost of errors—improper distributions, missed deadlines, or claims from beneficiaries can result in personal financial liability that far exceeds attorney fees.
Probate is court-supervised administration of estate assets owned in the deceased’s name alone. Trust administration is private—the successor trustee manages and distributes trust assets according to the trust document without court involvement (unless disputes arise). Trusts are generally faster and more private; probate provides court oversight that some situations require.
Yes. Fiduciaries who breach their duties—improper distributions, asset mismanagement, self-dealing, failure to account—can be held personally liable for resulting losses. This is exactly why competent guidance matters.
Document everything. Follow the will or trust terms. Communicate clearly about what you’re doing and why. When beneficiaries disagree with proper administration, documentation protects you. When disputes can’t be resolved through communication, court involvement may become necessary—and we can help navigate that.
Michigan’s intestacy statutes (MCL 700.2101-2114) determine who inherits. Generally, assets pass to surviving spouse and descendants according to a statutory formula. If there’s no spouse or descendants, assets pass to parents, then siblings, then more distant relatives. The probate process is similar, but the court appoints an administrator rather than a personal representative named in a will.
We represent personal representatives and trustees throughout Macomb County, Oakland County, Wayne County, and Southeast Michigan, as well as the Central Michigan and Mid-Michigan regions. Our headquarters is in Shelby Township, with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations are available throughout our service area.
Ready to Get This Estate Closed?
Serving as personal representative or trustee is a responsibility you didn’t ask for. You’re navigating legal requirements you’ve never encountered, deadlines you didn’t know existed, and duties that carry personal liability if you get them wrong.
You deserve better than attorneys who let files collect dust. Better than firms that confuse being busy with being effective. Better than counsel who measures success by hours billed instead of estates closed.
Excellence is contagious, mediocrity is too. That’s the standard we hold ourselves to.
We win together. Your success is our success—and that’s not a slogan.
Our hustle isn’t chaos—it’s focused, gritty persistence in pursuit of getting your matter done right.
Schedule a consultation with Daniel Boroja and experience what it means to work with a firm that raises the standard—because you deserve better.
Offices: Shelby Township (Headquarters) | Troy | Ann Arbor | Lansing In-person, phone, and virtual consultations available throughout our service area.
Service Area Statement: Boroja, Bernier & Associates serves probate and trust administration clients throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), and the Southeast Michigan, Central Michigan, and Mid-Michigan regions. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing. Virtual consultations available throughout our service area.
