Your Letters of Authority just came through. Maybe the envelope from the probate court is still sitting unopened on the kitchen counter. Either way, you are now the personal representative of a Michigan estate, and the legal clock started the moment the court appointed you.
Here is the short version. You will not finish probate in 30 days, and you are not supposed to. The first month is for the urgent work, done in the right order, so a small misstep now does not become personal liability later.
Secure the property. File the will. Get appointed. Notify the right people on time. Open an estate account. Everything else runs on a longer clock.
Under Michigan law, a personal representative is not just a title. You are a fiduciary, held to the same standard of care as a professional trustee, and the choices you make in the first month set the tone for everything that follows.
First, Understand the Role You Just Accepted
When the court appoints you, you step into a fiduciary role. Under MCL 700.3703, you must settle and distribute the estate as efficiently as its best interests allow, and the statute holds you to the standard of care of a trustee.
That is not boilerplate. If you pay the wrong people, distribute too early, or mix estate money with your own, a beneficiary can hold you personally responsible for the loss.
The good news is that most Michigan estates proceed informally under MCL 700.3301 and the sections that follow. The probate register processes the paperwork without a judge supervising every move, and MCL 700.3704 expects you to handle routine matters without a court order.
You have real freedom to act, paired with real accountability for how you act. Michigan no longer uses the word “executor” in its statutes, though most people still do. Same job, same duties.
What the First 30 Days Are Actually For
Treat day 30 as a milestone, not a finish line. By the end of the first month you want to be appointed, have your Letters in hand, have the assets secured and insured, have notified everyone entitled to notice, have an estate account open, and have the probate started correctly.
The longer clocks, the 91-day inventory deadline and the four-month creditor window, will still be running. That is exactly how a well-run estate looks at the one-month mark.
Your First 30 Days: A Step-by-Step Checklist
Secure the home, the property, and the assets.
You can start before your appointment is even final, because under MCL 700.3701 your protective acts relate back once the court appoints you. Lock the home, keep insurance in force, secure vehicles and valuables, and arrange care for pets. Do not pay debts or distribute anything yet; right now your job is to preserve.
Find and file the original will.
Whoever holds the decedent’s will has a legal duty under MCL 700.2516 to deliver it to the probate court after death. You need the original, not a photocopy, to open a testate estate, so this comes before you ask to be appointed. If no will surfaces, the estate passes under Michigan’s intestacy rules.
Open probate and get yourself appointed.
File the application for informal probate and appointment of a personal representative in the county where the decedent lived or owned property. Budget about $175 to open the estate, a $150 filing fee plus a $25 statewide e-filing fee. Filing now runs through MiFILE in most counties, so walking out with same-day Letters is no longer a safe assumption.
Get certified Letters of Authority, and order extra copies.
Your Letters are your proof that you can act for the estate. They do not expire on their own under Michigan law, but banks and the Secretary of State routinely refuse Letters dated more than a year ago. Order several certified copies up front, and plan to refresh them as the estate runs on.
Notify the heirs and devisees within 14 days.
Under MCR 5.304(A), you must serve notice of your appointment on the heirs and devisees within 14 days of being appointed, and you should keep your proof of service. If there is a surviving spouse, MCL 700.3705(5) also requires you to notify that spouse of the right to an elective share within 28 days.
Get an EIN and open a dedicated estate account.
The estate is its own taxpayer, separate from you and the decedent, so apply to the IRS for an Employer Identification Number and open an estate checking account. Run every dollar of estate money through it, and never deposit estate funds into your personal account. Commingling is one of the fastest ways a personal representative ends up defending a breach-of-duty claim.
Publish notice to creditors, and notify the ones you already know about.
Publication starts the four-month claim window under MCL 700.3801, and a claim not presented in that window is barred under MCL 700.3803. When you pay, follow the priority order in MCL 700.3805, because paying the wrong debts first can leave you personally on the hook. If a claim is invalid, disallow it in writing; a disallowed claim is barred if the creditor does not sue within 63 days under MCL 700.3806.
Start the inventory now, even though it is not due yet.
Under MCL 700.3706, you must inventory everything the decedent owned at death, at fair market value as of the date of death, within 91 days of appointment. You will not finish in 30 days, so use the first month to gather statements, titles, and deeds. The inventory fee is tiered by the value of the estate under MCL 600.871, and it cannot be waived.
What You Do Not Have to Finish in 30 Days
Knowing what is not on the 30-day list keeps you from chasing the wrong things. The full inventory runs to 91 days, the creditor period runs four months from publication, and paying claims, filing taxes, distributing to beneficiaries, and closing the estate all come later.
In our experience the personal representatives who get into trouble are almost never the ones who took an extra week to get organized. They are the ones who paid a debt or handed out an inheritance before the estate was ready. Order matters more than speed.
You May Not Need a Full Probate at All
Before you commit to a full administration, confirm that you actually need one. If the decedent’s probate assets are modest, Michigan offers streamlined small estate procedures.
When the estate falls under the small estate threshold, currently $50,000 and adjusted periodically for inflation, you may be able to use a small estate affidavit under MCL 700.3983 or a petition for assignment under MCL 700.3982. That can save months and thousands of dollars, so it is worth checking before you file.
What This Costs
A straightforward Michigan probate administration generally runs $10,000 to $15,000 once you add filing fees, the inventory fee, publication (roughly $150 to $250), and attorney time. As personal representative, you are entitled to reasonable compensation under MCL 700.3719, though many family members serving in the role choose to waive it.
The cost of getting it wrong, personal liability for a misstep, is almost always higher than the cost of doing it right the first time.
Frequently Asked Questions About a Michigan Personal Representative’s First 30 Days
Secure the decedent’s home and property, then locate and file the original will with the probate court. After that, you apply to be appointed, obtain your Letters of Authority, and begin notifying heirs, devisees, and creditors. Protecting the estate always comes before paying anyone or distributing anything.
You have 91 days from your appointment to file the inventory, listing each asset at its fair market value as of the date of death and noting any liens. Start gathering the information in your first month, because 91 days passes quickly once you are managing everything else.
Yes. Michigan court rules require you to serve notice of your appointment on the heirs and devisees within 14 days. If there is a surviving spouse, you also have to notify that spouse of the right to an elective share within 28 days.
Not as a matter of law. Letters of Authority remain legally in effect once issued. In practice, however, banks and government agencies routinely require a certified copy dated within the last year before they will act, so most personal representatives refresh their Letters periodically.
Yes. Michigan allows a nonresident to serve as personal representative. You will handle filings and court communication from a distance, and some institutions may ask for extra documentation, but living in another state does not disqualify you.
Speak With a Michigan Probate Attorney
Being named personal representative is an honor and a burden at the same time, and the first 30 days carry the most risk. At Boroja, Bernier & Associates, we guide personal representatives through Michigan probate so the estate is settled correctly and you are protected from personal liability.
Our attorneys help families in Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan, Central Michigan, and Mid-Michigan settle estates with clarity and confidence. To schedule a consultation with the Michigan probate attorneys at Boroja, Bernier & Associates, call (586) 991-7611.
About the Author
This article was written by Daniel Boroja, Esq., a partner at Boroja, Bernier & Associates PLLC, admitted to the State Bar of Michigan in 2013 (Bar No. P77079). Daniel focuses his practice on estate planning, probate and trust administration, and elder law and Medicaid planning for Michigan families.
