You’ve Been Named Personal Representative. Now What?

Someone trusted you enough to put your name in their will. Now they’re gone, and you’re holding a document that says you’re responsible for their entire estate. You didn’t go to law school. You’ve never done this before. And you’re pretty sure there are deadlines you don’t know about. You’re right—there are.

At Boroja, Bernier & Associates, we make sure you meet every one of them, fulfill every duty, and walk away protected when it’s done.

Serving Southeast Michigan | Central Michigan | Mid-Michigan

Being Named Personal Representative Is an Honor. It’s Also a Legal Obligation.

Let’s be clear about what just happened: you didn’t inherit a title. You inherited a job.

A job with statutory duties spelled out in Michigan law. A job with deadlines that don’t care about your grief, your schedule, or your learning curve. A job with personal liability if you get it wrong.

Most people who get named personal representative have no idea what they’ve agreed to. They think it means “handle the estate”—vaguely, generally, eventually. It doesn’t. It means specific legal obligations under the Michigan Estates and Protected Individuals Code (EPIC), consequences for failing to meet them, and fiduciary duties that put the estate’s interests ahead of your own.

The good news? You don’t have to figure this out alone. The role comes with the authority to hire professionals—attorneys, accountants, appraisers—and pay them from estate funds. Smart personal representatives use that authority. The ones who try to DIY their way through it often end up paying more to fix mistakes than they would have spent on proper guidance.

“Every personal representative walks in with the same question: ‘What am I supposed to do?’ The answer is a list of statutory duties with deadlines attached. Miss those deadlines or breach those duties, and you’re not just disappointing the family—you’re potentially writing personal checks to cover the damage. This isn’t something you figure out as you go.”

What “Personal Representative” Actually Means

In Michigan, the person responsible for administering a deceased person’s estate is called the personal representative. Other states use “executor” (if there’s a will) or “administrator” (if there isn’t). Michigan uses one term for both: personal representative.

You become personal representative when the probate court issues Letters of Authority—a legal document that gives you power to act on behalf of the estate. Until you have those letters, you’re just a person named in a will. You have no legal authority to access accounts, sell property, or make decisions for the estate.

Types of Appointment:

Named in the Will: The deceased’s will nominates you to serve. You file for appointment, and if no one objects and you’re qualified, the court issues Letters of Authority.

Court-Appointed: If there’s no will, or if the named personal representative can’t or won’t serve, the court appoints someone based on statutory priority under MCL 700.3203. Generally, that’s surviving spouse first, then heirs in order of inheritance priority.

Formal vs. Informal: Most appointments happen informally—paperwork processed without a hearing. Contested situations require formal appointment with court hearings.

Who Can Serve:

Michigan law (MCL 700.3203) requires personal representatives to be:

• At least 18 years old
• Of sound mind
• Not convicted of a felony (unless the court finds them suitable despite the conviction)

Non-residents can serve, though Michigan courts may require a resident agent for service of process. Corporate fiduciaries (banks, trust companies) can also serve.

Your Legal Duties—The Ones Nobody Explained

MCL 700.3703 lays out what personal representatives owe the estate. These aren’t suggestions. They’re legal obligations with consequences for breach.

Duty to Administer the Estate

Your primary obligation is to settle and distribute the estate according to the will (or intestacy statutes if there’s no will) and Michigan law. That means:

• Gathering assets
• Protecting property
• Paying valid debts and expenses
• Filing required tax returns
• Distributing to beneficiaries
• Closing the estate properly

Duty of Loyalty

You’re a fiduciary. The estate’s interests come first—not yours, not your favorite sibling’s, not the beneficiary who calls you every day. Every decision you make must be in the estate’s best interest, not your own.

Self-dealing is prohibited. You can’t buy estate assets for yourself at a discount. You can’t hire your own company to provide services without court approval. You can’t use estate funds for personal expenses. Breach this duty, and you’re personally liable for any resulting losses—plus potential removal and surcharge by the court.

Duty of Care

You must handle estate affairs with the care a reasonably prudent person would use. That means:

• Making informed decisions (not guessing)
• Investigating before acting (not assuming)
• Documenting everything (not trusting memory)
• Seeking professional help when you’re out of your depth (not winging it)

The standard isn’t perfection. It’s reasonableness. But “I didn’t know” isn’t a defense when the information was readily available.

Duty to Keep Beneficiaries Informed

Under MCL 700.3705, interested persons (generally beneficiaries and heirs) have the right to information about the estate. That includes:

• A copy of the will
• Notice of their rights
• Information about the administration upon reasonable request
• Accountings showing what’s happening with estate assets

You don’t have to provide daily updates. But stonewalling beneficiaries—refusing to communicate, hiding information, ignoring reasonable requests—creates problems. Problems that become formal complaints. Complaints that become court hearings. Court hearings that cost the estate money and delay closing.

Keep beneficiaries reasonably informed. Document your communications. Transparency prevents most disputes.

Duty to Account

You must be able to show exactly what happened with estate assets. What came in. What went out. Where everything is. This isn’t optional—it’s fundamental to your role.

Sloppy record-keeping is the fastest way to turn a simple estate into a contested nightmare. When you can’t explain where money went, beneficiaries assume the worst. Sometimes they’re right. Sometimes they’re wrong. Either way, you’re defending yourself instead of closing the estate.

Your Roadmap: What You Personally Need to Do (and When You Need to Do It)

The probate process has its own rhythm, but as personal representative, what matters is what’s on your plate at each stage. This isn’t about how the system works—it’s about what you’re responsible for, when the pressure hits hardest, and where the landmines are buried.

The First 48 Hours: Triage Mode

Nobody’s thinking clearly right after a death. But certain things can’t wait.

You need to locate the will—check the decedent’s home, safe deposit box, and ask their attorney if they had one. Secure estate property immediately. That means changing locks on vacant homes, notifying insurance companies, and making sure nobody walks off with anything before you have legal authority. If the deceased had a business, pets, or dependents relying on them, those situations demand same-day attention.

This is the stage where most personal representatives feel overwhelmed. You’re grieving, you’re fielding calls from family members who all have opinions, and you’re staring at a responsibility you didn’t train for. That’s normal. It’s also exactly why smart personal representatives call an attorney before they do anything else.

The First Few Weeks: Getting Your Authority

Until the court gives you Letters of Authority, you have a title but no power. You can’t access bank accounts. You can’t sell anything. You can’t make binding decisions for the estate. Your first real task is getting appointed.

That means filing the will with the probate court, submitting your application for appointment, and ordering certified death certificates—more than you think you need. Ten to fifteen is standard because every bank, insurance company, and government agency wants an original. Once you have Letters of Authority, open a dedicated estate bank account and obtain an EIN (employer identification number) from the IRS. Every estate dollar flows through that account from this point forward. No exceptions. Commingling estate funds with your personal accounts is one of the fastest ways to create liability.

Days 1 through 91: Building the Foundation

Now the real work begins. You have 91 days from your appointment to prepare and file the inventory of assets (MCL 700.3706). That means identifying and valuing everything the deceased owned—real estate, bank accounts, investments, vehicles, personal property, business interests, life insurance payable to the estate, everything.

At the same time, you’re sending required notices to known creditors and publishing notice to unknown creditors. This starts the clock on the creditor claim period—and that clock matters more than you realize.

This phase is where organization separates the competent from the chaotic. Create a system—spreadsheet, folder structure, whatever works—and document every asset, every contact, every communication. You’ll thank yourself later when a beneficiary asks why something took so long, and you can pull up a clear record showing exactly what happened and when.

The 4-Month Creditor Period: Patience Under Pressure

This is the hardest part for most personal representatives—not because the work is complicated, but because it requires discipline. For four months after publishing your notice to creditors, you wait. Creditors file claims. You evaluate each one—accept the valid claims, dispute the invalid ones.

Here’s what you absolutely cannot do during this period: distribute assets to beneficiaries. The temptation is real. Your sister wants her share. Your brother needs the money. Everyone’s asking why this is taking so long. The answer is the law. If you distribute before the creditor period closes and a valid claim comes in afterward, you’re personally liable.

Not the estate. You.

This is also when family dynamics test your resolve. Siblings who haven’t spoken in years suddenly have urgent opinions about dad’s truck. Beneficiaries who were fine last month now want accountings of every dollar. Stay the course. Document everything. Communicate clearly and calmly. And remember: the creditor period is your protection, not just a bureaucratic hurdle.

After the Creditor Period: Closing Out

Once the creditor window closes, you can start wrapping up. Pay remaining valid debts. Prepare the final accounting—a complete record of every dollar that came in and went out. Make distributions to beneficiaries according to the will (or intestacy statutes if there’s no will). Get signed receipts and releases from each beneficiary. File closing documents with the court.

This stage feels like the finish line, but it’s where careful personal representatives distinguish themselves. Sloppy closings—missing receipts, incomplete accountings, undocumented distributions—leave you exposed to future challenges. A beneficiary who signs a release and receives their full distribution has very little standing to come back later with complaints. A beneficiary who got a check without documentation? That’s an invitation for problems.

Throughout the Entire Administration: Your Ongoing Obligations

While you’re navigating each phase, certain duties never stop. You’re managing estate assets prudently—maintaining property, paying taxes and insurance, keeping investments appropriate. You’re filing required tax returns (the decedent’s final individual returns and estate income tax returns if applicable). You’re communicating with beneficiaries. And you’re documenting everything.

Every decision you make, write down why you made it. Every communication with a beneficiary, keep a record. Every expense you pay, keep the receipt. If you’re ever challenged—and in contested estates, you will be—your paper trail is your defense.

Quotable Expert Statement: “The 91-day inventory deadline and 4-month creditor period aren’t arbitrary—they’re your protection. The inventory establishes what the estate owns so no one can later claim assets are missing. The creditor period gives you a clear window after which new creditor claims are barred. Personal representatives who skip these steps lose that protection.”

Personal Liability: When Your Mistakes Cost You Money

Here’s the part that keeps personal representatives up at night: you can be held personally liable for administration mistakes.

Not “the estate pays.” You pay. From your own pocket.

When Personal Liability Attaches:

Improper Distributions: You distribute $50,000 to a beneficiary. A valid creditor claim comes in afterward. The beneficiary spent the money. Guess who pays the creditor? You do—personally.

Failure to Pay Valid Debts: You ignore legitimate creditor claims or fail to properly notify creditors. The creditor sues. Damages come from you.

Self-Dealing: You buy estate property at below-market value or hire your own company without disclosure and approval. You’re liable for the difference plus potential penalties.

Mismanagement: You let a property deteriorate, fail to maintain insurance, or make reckless investment decisions. Losses resulting from your negligence are your responsibility.

Breach of Fiduciary Duty: You favor one beneficiary over another, make decisions based on personal interest, or fail to act in the estate’s best interest. You’re personally on the hook.

Tax Failures: You distribute everything without reserving funds for taxes. The IRS doesn’t shrug and move on. They come after you personally.

How to Protect Yourself:

1. Follow the rules. Meet deadlines. Fulfill statutory duties. Document everything.
2. Don’t distribute early. Wait for the creditor period to close. Every time.
3. Keep estate funds separate. Never commingle estate money with your personal accounts.
4. Get professional help. Attorneys, accountants, appraisers—use them. The cost is paid by the estate, and it protects you.
5. Document decisions. When you make judgment calls, write down why. If challenged later, you’ll have a record of your reasoning.
6. Communicate with beneficiaries. Keep them informed. Surprises breed lawsuits.

Get releases. When you distribute, obtain signed receipts and releases from beneficiaries.

Getting Paid: Personal Representative Compensation

Yes, you can be paid for this work. Michigan law (MCL 700.3719) entitles personal representatives to reasonable compensation from the estate.

What’s “Reasonable”?

Michigan doesn’t set a fixed percentage like some states. Compensation is based on what’s reasonable given:

• The complexity of the estate
• Time and effort required
• Skill required
• Results achieved
• What professionals in the area typically charge for similar services

For straightforward estates, compensation often runs 2-3% of estate value. Complex estates with litigation, tax issues, or difficult beneficiaries may justify higher compensation.

How to Handle It:

• Document your time and activities
• Be transparent with beneficiaries about compensation
• Take compensation as part of the final accounting
• If anyone objects, the court decides what’s reasonable

A Word of Caution:

Taking compensation has tax implications—it’s taxable income to you. Some personal representatives who are also beneficiaries choose to waive compensation and take a larger inheritance share instead (inheritance isn’t income). Discuss this with a tax professional.

Also: excessive compensation invites challenges. If you pay yourself $30,000 to administer a simple $200,000 estate, expect questions. Keep compensation proportional to the work actually required.

When You Need to Hire an Attorney (Hint: Probably Now)

You have the legal right to administer an estate without an attorney. You also have the legal right to perform your own surgery. Neither is advisable.

Situations Where Professional Help Is Essential:

• Any estate with real estate. Deeds need to be prepared and recorded correctly. Title issues need to be resolved. Sales require proper procedures.
• Estates with significant creditor claims. Evaluating claims, using procedures strategically, and challenging invalid claims requires legal knowledge.
• Any potential conflict among beneficiaries. If family members are already arguing, you need someone who knows how to document, communicate, and protect you.
• Estates with tax complications. Federal estate tax, estate income tax, and final return issues require professional guidance.
• Estates with business interests. Valuation, continuation, and transfer of business interests are complex.
• Any situation where you’re uncertain. If you’re Googling “can I do this as personal representative,” you need an attorney. Call Boroja, Bernier & Associates at (586) 991-7611 before you make a decision you can’t undo.

The Cost Reality:

Attorney fees for straightforward probate administration typically run $10,000 to $15,000. That’s paid by the estate, not you personally.

Compare that to the cost of mistakes:

• Personal liability for improper distributions (potentially tens of thousands)
• Extended administration due to procedural errors (more fees, more costs)
• Litigation with beneficiaries (easily $20,000-$50,000+)
• Tax penalties from improper filings (varies, never fun)

We’ve had clients come to us mid-administration after trying to handle it themselves. Fixing problems costs more than doing it right from the start. Every time.

Common Questions About Being Personal Representative

You’ve Got the Title. Let Us Handle the Details.

Being personal representative is a responsibility you didn’t ask for—but someone trusted you with it anyway. The question isn’t whether you can do this alone. It’s whether you should.

Every deadline you meet, every procedure you follow correctly, every communication you document—that’s protection. Protection for the estate. Protection for the beneficiaries. Protection for you.

At Boroja, Bernier & Associates, we’ve guided hundreds of personal representatives through Michigan probate. We know the deadlines, the duties, and the pitfalls. We handle the legal machinery so you can focus on your family.

Accountability builds trust. We’ll tell you exactly what needs to happen and make sure it does. No surprises. No missed deadlines. No liability you didn’t see coming.

Call us. We’ll review your situation, explain what’s required, and give you a clear path forward. You’ve already got enough on your plate.

Call Us: (586) 991-7611
Email: admin@bbalawmi.com

Office Hours: Monday — Thursday: 9:00 AM — 5:00 PM Friday: 9:00 AM — 3:00 PM Saturday & Sunday: By Appointment

Service Area: Boroja, Bernier & Associates represents personal representatives throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Washtenaw County (Ann Arbor), Ingham and Eaton Counties (Lansing area), and surrounding communities. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.