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In order to get a Letter of Authority, you must open a Probate Estate and petition the Probate Court to become the Estate's Personal Representative. Once the court appoints you as the Personal Representative, you will be issued your Letter of Authority.
Although Michigan does not stipulate a legal timeframe, filing a probate petition as soon as possible will be in everybody's best interests. The probate process takes a minimum of five months in Michigan, but most probate cases take between six months and a full year. In contested cases, probate may take far longer.
Generally, property exceeding $15,000 has to go through probate, but the limit could change depending on the year the property owner died, as the dollar limit tends to fluctuate yearly. In 2023, property valued at $27,000 or less is considered a small estate.
MI Form PC 561, which may also referred to as Waiver/consent, is a probate form in Michigan. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
What are Letters of Authority (LOA)? A Document filed within the probate of an estate that appoints a personal representative to act as a fiduciary of the estate, including the right to sell property, unless the LOA includes restrictions against certain actions. LOAs should be recorded with the Register of Deeds.