In re Seville Estate, divorced parents both sought appointment as personal representative (executor) of their daughter’s estate after their daughter was killed in a snowplow v. moped accident. The parents did not get along and made numerous allegations against each other trying to prove to the court why the other party was unqualified to serve as their daughter’s personal representative. Following a hearing on the issue, the probate court found both parties were unsuited in their individual capacity to serve as personal representative so the court ordered the appointment of both parents as co-personal representatives. The mother appealed the decision.
The administration of estates in Michigan is governed by the Estates and Protected Individuals Code (known as EPIC). MCL 700.1101 et seq. Under EPIC, interested parties may seek a determination from the probate court of the priority or qualification of a prospective personal representative. MCL 700.3414. Generally, the order of appointment priority is as follows:
1. Person nominated by a power conferred in a will;
2. Surviving spouse;
3. Other devisees;
4. Other heirs.
A person interested in an estate may object to the appointment of a personal representative. However, the person objecting carries the burden of establishing the unsuitability of the prospective personal representative. A person is unsuited to serve as personal representative when their appointment is not in the best interests of the estate. Additionally, a probate court can only appoint co-personal representatives if both parties agree to the shared status.
In re Seville Estate, the mother did not agree to serve as co-personal representative with her ex-husband. Accordingly, the court of appeals reversed the probate court decision and ordered the appointment of a person other than one of the parents, to serve as personal representative of the estate.
The case is In re Seville Estate, Unpublished Court of Appeals Case No. 348819 (Decided September 10, 2019).
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