Asked in Probate for Michigan

Q: My mom died last April. In her will she named me personal representative. I recently received a check from Bank of

America for a refund of some kind. I know she'll have a small tax refund when I file her last return. What form(s) do I need to file with the courts to be able to cash these? I do not have any bank accounts with her name on them. Thanks.

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2 Lawyer Answers
Brooke Lauren Archie
Brooke Lauren Archie
  • Probate Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: You will need to file an Application for Probate along with the Will nominating you as Personal Representative. The Will must first be admitted and you must be appointed and receive Letters of Authority before you are authorized to transact any business on behalf of your mother's estate.

1 user found this answer helpful

Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: I'm sorry to hear of your loss.

Being nominated in a will is not enough. You need to be appointed as Personal Representative by the Court and the 'forms' to do that depend on how much is in the estate and what needs to be done.

Trying to DIY this is asking for trouble, but small estates can usually be completed with little lawyer time and thus small expense.

Find a local probate attorney to guide you and provide you the options needed to handle YOUR situation. There is no 'one right form' or answer ... get someone who can review your whole situation to help!

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