As a Michigan Personal Representative, Do I Need Court Approval to Sell Real Estate?

A common question that pops up at our Oakland County Estate Administration and Probate law firm is, “whether a Michigan personal representative needs probate court approval before selling a decedent’s real estate?”

Michigan law has take the approach through the revised probate code, and now the Estates and Protected Individuals Code (EPIC), of allowing Michigan personal representatives and Michigan executors more power and leeway with less court involvement in terms of how distributions to beneficiaries are made and how Michigan real estate can be sold.

Under EPIC in Michigan, all personal representatives are given the statutory authority to sell real estate and personal property without court approval.  MCL7000.3715(f) is where this language is located.  That said, under a supervised, formal proceeding, a judge may limit a personal representative’s authority to act, thereby limiting the power to sell real estate.

Legalese aside, to sell real estate as a personal representative in Michigan you can rely on your Michigan Letter’s of Authority issued by your local probate court.

This is just one issue in going through the Michigan probate system.

Christopher J. Berry, Esq., An Oakland County Probate Lawyer, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Michigan Living Trusts, Living Wills, and Michigan Probate Litigation, serving Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.