Probate Estate Closing and Representative Discharge in Michigan
At a glance
| Closing routes and prerequisites | Unsupervised estate may use sworn closing statement at least five months after original appointment; formal complete settlement petition available after predeath-claim period (§§ 700.3952–700.3954). |
|---|---|
| Who may start or compel closing | Representative petitions any time after claim period; interested person after one year; devisee has narrower testate route; missing continuation notice lets interested person seek hearing or settlement (§§ 700.3951–700.3953). |
| Final filing and contents | Sworn statement confirms published notice, expired claim period, claim/expense/tax handling, distribution, service and written account; formal petition may seek final-account review and distribution order (§§ 700.3952, 700.3954). |
| Final account and support | Sworn route furnishes full written account to affected distributees stating fiduciary, attorney and other professional fees; court may consider or compel final account in formal route (§§ 700.3952–700.3954). |
| Distribution or delivery | Sworn statement reports distribution and arrangements for outstanding liabilities; formal court may direct or approve distribution (§§ 700.3952, 700.3954). |
| Notice and objections | Sworn statement sent to distributees and known unpaid/unbarred claimants; 28-day objection period precedes completion certificate; formal settlement requires notice and hearing (§§ 700.3952, 700.3954, 700.3958). |
| Hearing and order | Formal petition gets hearing after notice and may yield settlement/discharge order; sworn statement closes estate by filing without that order (§§ 700.3952–700.3954). |
| Closing effect and discharge | After sworn filing, appointment ends one year later absent pending proceeding; formal court may discharge from interested-person claims; completion certificate after 28 days is not immunity (§§ 700.3952, 700.3954, 700.3958). |
| Bond, liability, later administration | Completion certificate evidences release of substitute-security lien but leaves actions against representative/surety; fiduciary claims have limited six-month bar with fraud exception; later assets or other good cause may reopen (§§ 700.3956, 700.3958–700.3959). |
Requirements one by one
Closing routes
An estate outside supervised administration may close through a sworn statement filed at least five months after a general representative's original appointment, provided the representative reports completed notice, claims, expenses, taxes, distribution, service, and written accounting. A formal petition under § 700.3952 can instead request an accounting, distribution decision and complete settlement order; § 700.3953 provides a narrower petition for an informally probated will without a fresh testacy decision. The court cannot accept either formal petition until the predeath-claim presentation period expires. (Mich. Comp. Laws § 700.3952; § 700.3953; § 700.3954.)
Statement, account and notice
The sworn statement must describe arrangements for any undischarged claim, show that estate property has been distributed, and confirm that affected distributees received a full written account identifying fiduciary, attorney and other professional fees. Copies of the statement go to distributees and known creditors or claimants whose claims remain unpaid and unbarred. In the formal route, the court gives notice and holds a hearing before it may approve settlement, direct or approve distribution and discharge the representative. (Mich. Comp. Laws § 700.3952; § 700.3954.)
Closing effect and discharge
The sworn filing closes the estate, but the representative's appointment terminates one year after filing if no proceeding involving the representative is pending. If no one objects within 28 days after filing, the register issues a completion certificate on request; the certificate does not prevent a claim against the representative or surety. A formal settlement order may discharge the representative from further claim or demand of interested persons covered by the proceeding. (Mich. Comp. Laws § 700.3952; § 700.3954; § 700.3958.)
What trips people up
If administration has not completed within one year after appointment, the representative must file and send a continuation notice within 28 days after the anniversary, repeating it annually while the estate remains open. A missed notice allows an interested person to seek a hearing or settlement order; the court may also start a 63-day administrative closure process. Claims for breach of fiduciary duty after a sworn closing statement have a six-month filing limit, subject to the statute's fraud, misrepresentation and inadequate-disclosure exception. (Mich. Comp. Laws § 700.3951; § 700.3956.)
Common questions
Can a devisee request a formal settlement? A devisee under an informally probated will may petition after one year from the original appointment for the limited testate settlement route. (Mich. Comp. Laws § 700.3953.)
Can later estate property be administered? The court may reopen after the conditions in § 700.3959 are met, appointing the same or a successor representative. A previously barred claim remains barred. (Mich. Comp. Laws § 700.3959.)
Statutes and sources
The quoted sections were checked in the Michigan Legislature's current section pages and Act 386 PDF on October 4, 2026. The official PDF was rendered September 24, 2026 and includes public acts through PA 103 of 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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