What is required of a Personal Representative when settling a probate estate in Michigan? Being the Personal Representative of an estate is not a task to take lightly. A Personal Representative is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the size and issue of the estate, even if you are the Personal Representative of a small estate you will have important duties that must be performed correctly or you may be liable to the estate or the beneficiaries.
The Personal Representative is either named in the Last Will and Testament or if there is no Will, appointed by the court. You do not have to accept the position of Personal Representative even if you are named in the Will.
The average estate administration takes one year, though you won't need to work full time on it. Following are some of the duties you may have to perform as Personal Representative:
- Locate documents. If there is a Will, but you don't already know where the Will is or the Will hasn't already been brought to court, you may need to find it among the deceased's papers. If all you have is a copy of the Will, you may need to get the original from the lawyer who drafted it. You will also need to get a copy of the death certificate.
- Hire an attorney. You are not required to hire an attorney, but mistakes can cost you money. You may be personally liable if something goes wrong with the estate or the payment of taxes. An attorney can help you make sure all the proper steps are taken and deadlines met.
- Apply for probate. File the Will with the court and file the application or petition to administer the estate. If the application is approved or the petition is granted, the court will issue you Letters of Authority. The Letters of Authority is a document that signifies you have authority to act on behalf of the Estate. This will officially begin your work as the Personal Representative.
- Notify interested parties. Notify the beneficiaries of the Will, if there is a Will, as well as any potential heirs (such as children, siblings, or parents who may or may not be named in a Will). In addition, you will have to place an advertisement for potential creditors in a newspaper near where the deceased lived.
- Manage the deceased's property. You will need to prepare a list of the deceased's assets and liabilities, and you may need to collect any property in the hands of other people. One of the Personal Representative's jobs is to protect the property from loss, so you will need to assure the property is kept safe. You may also need to hire an appraiser to find out how much any property is worth. In addition, if the estate includes a business, you may have to make sure the business continues to run.
- Pay valid claims by creditors. Once the creditors are determined, you will need to pay the deceased's debts from the estate's funds. The executor is not personally liable for deceased's debts. The estate usually pays any reasonable funeral expenses first. Other debts include probate and administration fees and taxes as well as any valid claims filed by creditors.
- File tax returns. You need to make sure the tax forms are filed within the time frame set under the law. Taxes may include estate taxes and income taxes.
- Distribute the assets to the beneficiaries. Once the creditors' claims are clear, the Personal Representative is responsible for making sure the beneficiaries get what they are entitled to under the Will or under the law, if there is no Will. You may be required to sell property in order to fulfill devises in a Will. In addition, you may have to set up any trusts required by the Will.
- Keep accurate records. It is very important to keep accurate records of everything you do. You will need to create a final account, which the beneficiaries must review before the distribution of the estate can be finalized. The account should include any distributions and expenses as well as any income earned by the estate since the deceased died. You must account down to the penny for these distributions and expenses and be able to produce receipts.
- Send the final account to the interested parties. Once the final account is approved by the interested parties, documents will be prepared to close the estate in probate court.
All this can be a lot of work, but remember that the Personal Representative is entitled to reasonable compensation, subject to approval by the court. Keep in mind that the compensation is counted as income, so you will need to declare it on your income taxes.
Andrew Byers is an attorney practicing in the areas of probate, estate planning and elder law.