Creating a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out. One of the decisions you will need to make is choosing a personal representative, sometimes called an executor, to handle your estate after your death.
Your personal representative will be responsible for guiding your estate through the probate process, managing estate property, paying expenses, and helping ensure assets are distributed according to your wishes. Because this person may be responsible for important financial and legal matters during a difficult time, choosing the right person requires careful thought.
Many people automatically choose a spouse, child, or close friend. While those choices may be appropriate, the best personal representative is someone who is organized, responsible, and willing to take on the responsibilities involved.
Legacy Counsel PLC helps Michigan families create wills and estate plans with carefully considered choices for personal representatives. Our estate planning attorneys can help you understand your options and prepare a plan that reflects your goals.
What Is a Personal Representative in Michigan?
A personal representative is the person appointed by the probate court to manage an estate after someone passes away. In many states, this person is called an executor, but Michigan uses the term personal representative.
The personal representative’s responsibilities may include:
- Filing the will with the probate court
- Identifying and managing estate assets
- Paying outstanding debts and expenses
- Communicating with beneficiaries
- Handling required paperwork
- Distributing property according to the estate plan
Although you can name someone in your will, that person does not automatically become your personal representative. The probate court must formally appoint them before they can act on behalf of the estate.
Who Can Serve as a Personal Representative in Michigan?
Michigan limits who may serve as personal representatives for an estate. Before placing a name in your will, confirm that the nominee may legally serve. The will can then affect who receives priority, although the court still makes the appointment later.
Your Nominee Must Be Legally Qualified
Your proposed executor must be at least 18 when the appointment is sought. Michigan law also permits the probate court to find someone unsuitable in a formal proceeding. A 17-year-old child could still be named with the expectation that years may pass before probate, but the child would need to be an adult when an appointment is requested.
Naming an Executor in Your Will Gives the Nominee Appointment Priority
Writing your preferred nominee into the will affects who receives priority for appointment. MCL 700.3203 gives priority to a qualified nominee identified through a probated will. For example, naming your adult daughter in your will in Michigan places her ahead of lower-priority candidates if she remains qualified when probate begins.
The Probate Court Still Makes the Appointment
Priority is not the same as already holding office. The will records your preference, but the probate court or probate register must later issue the appointment. That is why your nominee should understand that acceptance will require seeking the appointment when the time comes and agreeing to serve then.
What Should I Consider Before Choosing a Personal Representative?
Before you place someone’s name in your will, make sure they know you are considering them and are open to accepting the appointment later. A yes today does not bind them years from now, but it tells you whether the nomination is based on an actual agreement rather than an assumption. Asking questions now will help you understand whether they’re ready to accept the appointment.
Is This Person Organized and Responsible?
Your personal representative may need to locate important documents, communicate with professionals, manage deadlines, and keep accurate records.
Someone who is responsible with their own finances and follows through on commitments may be better prepared for the responsibilities of estate administration.
Will This Person Be Available When Needed?
Probate may begin years after you create your will. Consider whether your chosen personal representative will likely remain available and able to serve in the future.
A person who moves frequently, has significant personal responsibilities, or may have difficulty managing paperwork may not be the best choice.
Can This Person Handle Family Communication?
Estate administration can sometimes create tension among family members. A good personal representative should be able to communicate clearly, follow your wishes, and handle disagreements calmly.
The person you choose does not need to make everyone happy. They do need to be able to follow the estate plan in a fair and responsible manner.
Can My Spouse Be My Personal Representative?
Yes. Many people choose their spouse to serve as their personal representative. A spouse may be a natural choice because they are familiar with your finances, family circumstances, and wishes.
However, marriage does not automatically give your spouse authority to manage your estate. Your spouse must still be formally appointed through the probate process.
Before naming your spouse, discuss whether they are comfortable handling the responsibilities involved. Managing an estate can require significant time and attention, especially while grieving.
Should I Name More Than One Personal Representative?
Your will should state whether one nominee will seek appointment or two people are meant to serve together. Your estate planning decision affects whether both representatives must agree before acting and whether another preferred nominee is named if the primary nominee cannot serve.
Co-Personal Representatives May Need to Act Together
When two co-personal representatives receive an appointment, they generally must agree before an estate act can proceed. MCL 700.3717 requires concurrence unless the will provides otherwise or a limited statutory exception applies. Shared authority, therefore, affects how both representatives make decisions for the estate.
You may be considering two adult children because naming only one feels unequal. Yet both appointed representatives may need to respond before acting, which can cause delay when one is unavailable or they disagree. Decide whether requiring concurrence fits how you want the appointment to operate.
Why Should I Name a Backup Personal Representative?
A backup nominee does not serve beside the primary nominee. The alternate named in your will becomes relevant if the primary nominee later declines or cannot seek appointment. Including another name now records whom you would prefer the court to consider next.
If the primary nominee is unavailable when probate begins, the will still identifies another person you selected. The court must evaluate the alternate before making the appointment, so that the nominee does not enter office automatically. The court must still evaluate the alternative, but it will record who you want considered next.
When Should I Update the Personal Representative Named in My Will?
The executor named in your signed will can remain there for years, even after the nomination no longer states your current decision. Review the name when a change involving your nominee or estate plan leaves the written choice out of date.
Other reasons to revisit the personal representative named in your will include:
- Your named executor has withdrawn an earlier agreement to seek appointment, leaving the will dependent on consent that no longer exists.
- A move has made your nominee difficult to reach when probate begins, although distance alone does not prevent appointment.
- Your current plan places substantial assets in a trust, so the personal representative may control less property than when the nomination was written.
- The will identifies a primary or alternate nominee you would not select now, so the written order no longer states your preference.
The older nomination remains in effect in the signed will until you follow the required steps to update a Michigan will. Privately deciding to name someone else does not change the wording in the signed document.
Is a Trustee Different From a Personal Representative?
Yes. The trustee named in your trust receives authority from the trust document and controls property held in a Michigan trust. The executor named in your will must be appointed through probate before managing assets that belong to the probate estate. Naming one person for both offices does not combine them.
Your trust may name one child as trustee while your will names another as personal representative. You may also select the same individual for both. Make each decision separately, because trust authority begins under the trust, and probate authority begins through court appointment. The person you choose should know which property each office would control.
What Should I Discuss With My Personal Representative Before Signing My Will?
Before you sign the will, confirm the full legal name of the nominee you intend to place in the document and whether that person presently agrees to be named. Your nominee should understand that the will records your preference, but the probate court will decide later whether to issue the appointment.
Legacy Counsel PLC can have a probate attorney review the nomination language and explain what would be required if probate begins. You decide whom to nominate. The will should identify your primary nominee and the alternate in the intended order so the document states exactly whom you want the court to consider.
Frequently Asked Questions About Choosing a Michigan Personal Representative
Can a Beneficiary Serve as Personal Representative?
Yes. You may nominate a beneficiary who otherwise qualifies for appointment. MCL 700.3204 does not disqualify someone merely because that nominee will inherit. After the appointment, the beneficiary must treat estate property as belonging to the estate, even though that person may later receive a distribution.
Can I Change the Personal Representative Named in My Will?
Yes. You may change the nomination by properly updating or replacing your will while you have legal capacity. MCL 700.2507 recognizes revocation through a later writing or qualifying act. A private note or family announcement does not revise the nomination in your signed will.
Can I Name a Professional Fiduciary Instead of a Relative?
Yes. You may nominate a qualified professional fiduciary instead of a relative if the professional agrees to seek appointment. Before writing the name into your will, confirm which services the professional accepts and how those services would be billed.
Choose the Right Person to Handle Your Estate
Your personal representative will play an important role in carrying out your wishes and helping your family through the probate process. Taking time to choose the right person can provide clarity and confidence for the future.
Legacy Counsel PLC helps families throughout Michigan create thoughtful estate plans that protect their loved ones and reflect their goals. Contact our St. Joseph estate planning attorneys to discuss choosing a personal representative for your will.
View All Blogs
