Executor of Administration Selection Michigan
Being named an executor (also called a personal representative) is an important responsibility. At Mihelich & Kavanaugh, PLC, we guide individuals through the full scope of this role—helping you understand your duties, fulfill your obligations, and complete the estate settlement process efficiently and with confidence. Whether you are reviewing a will, have just been appointed by the court, or anticipate serving in this position, our attorneys provide clear guidance, tailored support, and practical strategies at every step.
Choosing the Right Executor During Estate Planning
When you create a will, one of the most important decisions you make is naming an executor, legally known in Michigan as the personal representative. This person will be responsible for gathering your assets, paying debts and taxes, and distributing property according to your wishes. Selecting the right individual can make a significant difference in how efficiently your estate is settled.
When helping clients choose an executor, we review factors such as:
- Trustworthiness and reliability: The person must act with honesty, transparency, and integrity.
- Organizational and financial skills: Managing an estate involves documentation, accounting, and decision-making.
- Ability to remain impartial: In blended families or complex situations, neutrality matters.
- Geographic location: While Michigan allows out-of-state executors, proximity can simplify administration.
- Willingness to serve: Not everyone is prepared to take on the responsibility, so it is crucial to confirm consent.
Our firm assists in identifying qualified individuals, drafting proper nomination language, and naming backups so there is always a clear plan in place. We also advise when it may be more appropriate to choose a neutral third-party, such as a professional fiduciary.
Court Appointment of an Executor or Administrator in Michigan Probate
If a will names an executor, the probate court typically honors that nomination—unless the nominee is unable or unwilling to serve. When no executor is named, or when someone dies without a will, the court appoints an administrator, giving them the same authority as a personal representative.
Michigan law outlines a priority order for appointment. The court generally considers:
- A person named in the will
- The surviving spouse
- An adult child
- Other heirs
- A creditor (in limited circumstances)
- A public administrator or professional fiduciary when no suitable family member is available
If multiple people have equal priority, the court may require agreements, consents, or hearings to resolve disputes. In estates with family conflict, competing petitions, or concerns about mismanagement, our attorneys represent clients through the appointment process to ensure the most qualified individual is selected.
We also defend or challenge appointments when necessary—protecting the estate’s integrity and advocating for the person best suited to manage it.
When Replacement or Removal of an Executor May Be Neces
Not every personal representative is able—or willing—to serve effectively. Michigan law allows the court to remove or replace an executor or administrator under certain circumstances, including:
- Failure to act or undue delay in administering the estate
- Mismanagement of assets or lack of proper accounting
- Conflict of interest affecting estate decisions
- Financial misconduct or breach of fiduciary duty
- Disputes between co-executors
- Illness, incapacity, or unwillingness to continue serving
Our firm assists heirs and beneficiaries who believe an executor is not fulfilling their responsibilities, as well as personal representatives facing disputes or allegations of mismanagement. In many cases, early intervention helps avoid conflict. Where necessary, we pursue formal removal or defense proceedings to protect the best interests of the estate.
Contact Our Executor & Administrator Attorneys
Whether you are selecting an executor for your estate plan or navigating the appointment of an administrator during probate, Mihelich & Kavanaugh, PLC provides the skilled legal guidance you need. We help individuals make informed decisions, support families through the probate process, and ensure the estate is managed according to Michigan law and the decedent’s wishes.
Call our office today or complete our secure online form to schedule a consultation. Let us help you choose the right personal representative—or guide you through the appointment process—to ensure your estate is handled with clarity, care, and confidence.
