Settling the estate of a deceased loved one in Michigan, especially if you have never done so before, can involve a lot of unfamiliar processes and confusing terminology. As probate attorneys, one of the questions we often hear is, “What’s the difference between an executor and administrator of an estate?”

To make things more confusing, the terms are often used interchangeably, sometimes even by those who should know better. “Executor” and “administrator” are older terms for what we now call a “personal representative” of the estate in Michigan.

People sometimes still refer to “executors” or “administrators,” but in Michigan, the only legally correct term for the person responsible for managing a decedent’s estate is “personal representative.”

How Personal Representatives are Appointed

Even if a personal representative was named in a will, they would have no authority to act on behalf of the estate until they were appointed by the probate court. That means they could not control or dispose of estate assets, pay estate debts or distribute property, or enter into contracts or litigation on behalf of the estate.

The only exception is that the personal representatives can carry out the decedent’s written instructions regarding their body, funeral, and burial arrangements before being officially appointed by the court. A named personal representative can also take “reasonable and necessary” actions to preserve estate assets if a situation requires urgent action.

Who Can Be a Personal Representative of a Michigan Estate?

Appointment of a person named in a will as personal representative of an estate is fairly straightforward, so long as that person is eligible and wants to serve. If a will did not specify a personal representative, things can be a little more complicated, especially if multiple people want to serve.

The Michigan Estates and Protected Individuals Code (EPIC) provides a priority for the appointment of a personal representative of an estate:

• The personal representative named in a will
• A surviving spouse who is a devisee (beneficiary of the will)
• Other devisees named in the will)
• A surviving spouse, even if not a devisee
• Other heirs (people who would inherit under Michigan intestacy law) such as children, parents, or siblings
• A person nominated by a creditor of the estate, if no eligible family member has petitioned to open an estate within 42 days after the decedent’s death
• A state or county public administrator, if no heirs or beneficiaries or creditors have come forward to open the estate after 63 days following the death.

In short, if there is no personal representative named in a will, the probate court will work its way down the list, appointing the petitioner with the highest priority, or a public administrator if no one wants to serve as personal representative of the estate.

If there are multiple people of the same priority who want to serve as personal representative of the estate (like adult children of the decedent), the probate court may encourage them to agree on one person to serve. The court can appoint co-personal representatives if it appears that all parties will be able to work together well. That said, it is often risky to have multiple personal representatives of an estate in case disagreements arise.

Often, if more than one person of the same priority wants to be personal representative, the court will select one person it finds most suitable. The court may consider factors such as:

• Geographic proximity;
• Competence;
• Ability to work with others; and
• Any conflicts of interest.

The court may also appoint a neutral third party like a professional fiduciary in some circumstances, such as where there is significant conflict between multiple siblings contending to serve as personal representative.

What Does a Personal Representative Do?

Personal representatives are responsible for all tasks necessary to protect, manage, and distribute the decedent’s estate, including:

• Opening an estate bank account
• Identifying, valuing, and inventorying estate assets
• Securing and managing estate assets
• Maintaining insurance coverage for estate property
• Providing notice of estate proceedings to interested parties, including heirs and creditors
• Filing and paying taxes of the estate, including income and estate tax
• Paying all legitimate debts of the estate
• Distributing assets according to the terms of the will (if there was one) or Michigan law
• Preparing a final accounting and closing the estate

Because most people are unfamiliar with the requirements of administering an estate, it is usually helpful to work with an experienced probate and estate administration attorney. An attorney’s services are considered a benefit to the estate, so reasonable attorney fees are paid out of estate assets, not the personal representative’s pocket.

Work with an Experienced Michigan Estate Administration Attorney

Estates can be complicated, whether or not the deceased left a will. Working with an estate administration attorney when needed can make the process easier and the outcome better for all involved.