Letters Testamentary vs Administration in Michigan

When someone dies in Michigan, their estate doesn't just pass to the right people automatically at least not always. If there are bank accounts to access, property to transfer, debts to settle, or taxes to file, someone needs legal authority to act on behalf of the deceased. That authority comes from the probate court, and it arrives in the form of either letters testamentary or letters of administration. Knowing which one applies to your situation shapes everything from how quickly you can start handling the estate to what steps you'll need to take in court. If you're named as an executor or you're a family member stepping in after someone's death, understanding the difference between these two documents can save you weeks of confusion.

What's the difference between letters testamentary and letters of administration in Michigan?

Both documents are issued by a Michigan probate court and both give a person legal authority to manage a deceased person's estate. The key difference comes down to whether the person who died left a valid will.

Letters testamentary are issued when the deceased person (called the "decedent") left a valid will and that will names an executor. The court officially appoints the named executor and issues these letters to confirm their authority.
Letters of administration are issued when the decedent did not leave a valid will, or when the will doesn't name an executor, or when the named executor is unable or unwilling to serve. The court appoints an administrator usually a surviving spouse, adult child, or another close family member to handle the estate.

In short, testamentary means a will exists. Administration means the estate is being handled without one (or without a functioning one). Michigan's Estates and Protected Individuals Code (EPIC) governs both processes under MCL 700.3614.

When does a Michigan probate court issue letters testamentary?

The court issues letters testamentary when someone dies leaving a will that names a personal representative (Michigan's term for executor). The named person must file the will with the probate court in the county where the decedent lived, petition for appointment, and meet certain legal requirements including being at least 18 years old and of sound mind.

Once the court approves the appointment, it issues the letters testamentary. This document is what banks, title companies, government agencies, and other third parties will ask for before they'll let the personal representative act on behalf of the estate. If you want a step-by-step breakdown of this process, this guide on obtaining letters testamentary in Michigan walks through what to expect at each stage.

When does a Michigan court issue letters of administration instead?

Letters of administration come into play in several situations:

The decedent died without a will (intestate).
The will exists but doesn't name an executor.
The named executor has died, is incapacitated, has a disqualifying felony conviction, or declines to serve.
The will is being contested and no executor can serve in the meantime.

In these cases, Michigan law sets a priority order for who can be appointed as administrator: the surviving spouse, then other heirs, then creditors, and finally any other willing and suitable person. The court may also require the administrator to post a bond a type of insurance that protects the estate in case the administrator mishandles funds.

What authority do these letters actually give the personal representative?

Both letters testamentary and letters of administration grant essentially the same powers. The personal representative can:

Open an estate bank account and collect the decedent's assets
Pay valid debts, expenses, and taxes from estate funds
Sell or transfer real estate and personal property
Distribute remaining assets to beneficiaries (with a will) or heirs (without one)
File the decedent's final tax returns
Represent the estate in legal matters

The scope of authority is the same what differs is the source of that authority. With letters testamentary, the authority flows from the will first, then from the court. With letters of administration, the authority comes entirely from the court and Michigan's intestacy laws.

Once these letters are issued, the personal representative has real work ahead of them. Understanding what executor duties look like after the letters are issued can help you stay organized and avoid missteps.

Can you handle a Michigan estate without either type of letter?

In most cases, no. Banks won't release account balances. The Secretary of State won't transfer vehicle titles. County offices won't process property transfers. These institutions require proof that you have court-authorized standing to act for the estate, and that proof comes in the form of letters testamentary or letters of administration.

There are narrow exceptions. Small estates with limited assets may qualify for simplified procedures like a small estate affidavit under MCL 700.3982, which can sometimes avoid the need for formal probate and letters. Some jointly held assets or accounts with beneficiary designations pass outside of probate entirely. But for the majority of estates, especially those with real estate or significant bank accounts, letters are required.

If you're unsure whether you can act without formal authority, this breakdown of executor authority without letters testamentary explains where the limits are.

Does a Michigan executor need letters testamentary to access bank accounts?

Almost always, yes. Most banks and financial institutions in Michigan require a certified copy of the letters testamentary before they'll allow an executor to access, manage, or close the decedent's accounts. Some institutions also ask for a Tax ID number for the estate, a death certificate, and identification from the personal representative.

This is one of the most common friction points in probate. Families often need to pay bills or access funds quickly, but the bank won't cooperate until the letters are in hand. That's why filing for appointment as early as possible matters. For more detail on how this works in practice, this article on executor access to bank accounts covers what banks typically require.

What are common mistakes people make with these letters?

Several errors come up repeatedly in Michigan probate matters:

Acting before the letters are issued. Even if you're named in the will, you don't have legal authority to manage estate assets until the court issues the letters. Acting early can expose you to personal liability.
Confusing the two types of letters. If you have letters of administration but the decedent actually had a valid will, the probate proceeding may need to be restructured. This wastes time and money.
Failing to get certified copies. You'll need multiple certified copies of the letters to send to banks, insurers, and agencies. Ordering extras up front saves trips back to the court.
Not understanding the bond requirement. Administrators (without a will) are often required to post a bond. Executors named in a will sometimes are too, unless the will specifically waives it.
Mixing personal and estate funds. Once you have the letters, open a dedicated estate bank account. Keep estate money completely separate from your own.

How do the two processes differ in terms of speed and cost?

In Michigan, the letters testamentary process tends to be more straightforward because the will itself answers many of the court's questions: who's in charge, who inherits, and what the decedent wanted. The letters of administration process can take longer because the court must determine heirs under Michigan's intestacy statute and may require a bond.

Costs are similar for both court filing fees, potential bond premiums, and attorney fees if you hire one. Michigan probate court filing fees vary by county but generally range from $150 to $250. Bond costs depend on the estate's value and the administrator's creditworthiness.

What should you do if you're not sure which type of letter applies?

Start by looking for a will. Check the decedent's personal papers, safe deposit box, and ask their attorney if they had one. If a will exists, file it with the probate court and petition for letters testamentary. If no will can be found, petition for letters of administration.

If you're unsure about any part of the process, consulting with a Michigan probate attorney even for a single session can clarify your obligations and the right path forward. Probate mistakes are fixable, but they cost time and sometimes money to correct.

Quick checklist before you move forward

Determine whether the decedent left a valid will
File the will (if one exists) with the probate court in the decedent's county of residence
Petition the court for either letters testamentary or letters of administration
Order multiple certified copies of the letters once issued
Open a dedicated estate bank account
Obtain an EIN (tax ID) for the estate from the IRS
Notify banks, creditors, and relevant agencies with copies of the letters
Keep detailed records of every financial transaction you make on behalf of the estate
Understand whether you need to post a bond
Consult a probate attorney if the estate involves disputes, significant assets, or complex debts

Getting the right type of letter from the start keeps the probate process moving and protects you from personal liability as a personal representative. If you've been named in a will, learn how to obtain your letters testamentary so you can begin your duties with the court's full backing.