Updated: Mar 16, 2020
Knowing all of the different people and roles they might play in your estate is very important. One of these people is known as the personal representative. This person is appointed to wrap up the final affairs of the deceased party.
There are a few rules in Michigan that could disqualify someone from being able to serve as personal representative. First of all, the person you choose must be aged 18 or older. The court also offers some guidance and requirements around who has the ability to be appointed as personal representative:
· If a person was nominated in the deceased party’s will, he or she has first priority to file as the personal representative. The selection of this person should always be taken seriously because of the complexity of the role. Only a person comfortable with filling the role should accept it.
· If there is no will, the decedent’s surviving spouse will be the person most likely to serve as personal representative of the estate.
· Other surviving heirs of the decedent, such as children.
· From 42 days after the death of the decedent, if no other party has been identified, then a creditor of the nominee can also step forward.
As you can see, not naming a personal representative in your Michigan will can make things unnecessarily complicated for your loved ones during a very difficult time in their life. The more forethought you can put into your estate planning and the management of your final affairs, the easier you can make it on them. If your personal representative is aware of the appointment and willing to serve, make sure they know what to expect in the event of your sudden passing.
Need help with a Michigan will? Contact my office today to learn more about how wills work, what to include, and how best to get peace of mind about your estate planning.