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How is Someone Appointed as Fiduciary?

MCLA §700.3203 sets up the following priority for appointment as Estate Personal representative, in order:

  1. The person nominated in the decedent’s will;
  2. the decedent’s surviving spouse, as long as he/she is a devisee of the decedent (in other words he/she has been named in the will as receiving property, upon the decedent’s death;
  3. Other devisees;
  4. The decedent’s surviving spouse (named twice on this list; in this category, the surviving spouse has priority after other devisees, even if he/she has not been named in the will;
  5. Other heirs of the decedent (in other words, intestate heirs, who have not been named in the will; this also applies where there is no will at all)
  6. A Public Administrator, as long as:
  7. No interested person has requested the appointment of an Estate PR within 42 days after the decedent’s death;
  8. The decedent died apparently leaving no known heirs; or
  9. There is no spouse, heir or beneficiary under a will, who is a US resident, and also entitled to participate in the decedent’s estate.

Learn more about Michigan Probate Laws & Protections.

The next area of Probate Court jurisdiction, is that of decedents' estates. These estates are handled differently, depending on how much, and what kind of assets are involved, whether Court supervision is required or desired, whether there is a will or not, and on other factors too numerous, and case-specific to list out here... Continue reading.

Property distributed by intestate succession, is distributed to intestate heirs, as described below, in the following order:
.. Continue reading.

As adults, we all make personal decisions for ourselves, like where we will live, what medical decisions we make, etc.  When someone cannot make those decisions for themselves, they need someone to make those decisions for them; when that decision-maker is appointed by the court, they are referred to as a "Guardian".  The case is called a "Guardianship", and the protected/legally disabled person is sometimes called a "ward"... Continue reading.

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