Letters of Authority in Michigan: What They Are and How to Get Them

When a bank teller says "we need Letters of Authority before we can release those funds," most families encounter the term for the first time in the middle of a crisis. Understanding exactly what these documents are, how to get them, and what they actually authorize is essential to moving the estate forward.

What Are Letters of Authority?

Letters of Authority (sometimes called Letters Testamentary in other states, or Letters of Administration when there's no will) are official court documents issued by the county probate court. They certify that a specific individual has been appointed as the Personal Representative of the deceased's estate and is legally authorized to act on behalf of that estate.

In Michigan, "Letters of Authority" is the standard term used under the Estates and Protected Individuals Code (EPIC) for both testate (with a will) and intestate (without a will) estates. The document carries the probate court's seal and the judge's or register's signature, making it legally recognized by banks, brokerages, insurance companies, the Secretary of State, and other institutions.

Without Letters of Authority, a Personal Representative has no legal authority to:

• Access or close bank accounts in the deceased's sole name
• Sell real property through the estate
• File estate tax returns or obtain an EIN on behalf of the estate
• Sign legal documents or contracts on behalf of the estate
• Collect debts owed to the estate

How to Obtain Letters of Authority in Michigan

Letters of Authority are obtained through the county probate court where the deceased resided at the time of death. The process:

Step 1: File the probate petition To open an estate, file either an Application for Informal Probate and Appointment of Personal Representative or a Petition for Formal Probate with the probate court. The base filing fee is $150, plus a $25 electronic filing system fee, for a total of $175.

Step 2: Submit the required documents Along with the petition, you'll typically need:

• The original will (if one exists)
• A certified copy of the death certificate
• The filing fee
• The completed SCAO petition form specific to the type of probate proceeding

Step 3: Appointment and acceptance If the court approves the petition (which in informal probate often happens without a hearing), the Personal Representative must sign and file SCAO Form PC 571 (Acceptance of Appointment), formally accepting the fiduciary duties imposed by EPIC.

Step 4: Receive Letters of Authority After acceptance, the court issues Letters of Authority. These must be certified copies — not photocopies — for most institutions to accept them. Certified copies cost $10 for the certification stamp plus $1 per page.

How many copies to get: Order more than you think you need. Banks, brokerages, real estate attorneys, insurance companies, and government agencies all typically require an original certified copy — and they keep it. For an estate with multiple financial accounts, real property, insurance policies, and government benefits, ordering 8-12 certified copies upfront is more cost-effective than ordering additional copies later (which requires returning to the court).

What Letters of Authority Allow

Letters of Authority give the Personal Representative legal authority to:

• Access all financial accounts held solely in the deceased's name
• Sell, mortgage, or transfer real estate (subject to any court supervision requirements)
• Collect money owed to the estate
• Pay estate debts and creditor claims in the proper statutory order
• File tax returns on behalf of the estate
• Distribute assets to beneficiaries once the estate is properly administered
• Enter contracts on behalf of the estate

The Letters of Authority do not grant unlimited power. The Personal Representative remains a fiduciary — legally required to act in the estate's and beneficiaries' best interests, follow the priority of claims rules under MCL 700.3805, and comply with all EPIC deadlines and procedures.

When Letters of Authority Are Not Required

Not all asset transfers require Letters of Authority. Michigan law provides specific mechanisms for bypassing probate — and court authority — for certain assets:

• Named beneficiary accounts (life insurance, IRAs, 401(k)s, TOD accounts): Transfer directly upon presentation of a death certificate, no court authority needed
• Joint accounts with right of survivorship: Transfer to the surviving owner automatically
• Vehicles under the aggregate threshold (COLA-adjusted for 2026, based on $100,000 base): Transfer via TR-40 forms at the Secretary of State
• Small estates under $53,000 with no real property: Eligible for the Transfer by Affidavit (SCAO Form PC 598) after 28 days — no court filing, no Letters of Authority required
• Lady Bird Deed real property: Transfers via recording the death certificate at the Register of Deeds — no court authority required

For these assets, presenting an original certified death certificate is sufficient. If a bank insists on Letters of Authority for an account that's properly classified as a payable-on-death account, they are misinformed — that account does not require court authority.

After You Have Letters of Authority

Once Letters of Authority are issued, the statutory clock starts running on several EPIC deadlines:

• 14 days: Serve PC 573 (Notice of Appointment and Duties) on all interested parties
• After appointment: Publish PC 574 (Notice to Creditors) in a local legal newspaper to start the 4-month creditor claims window
• 91 days: File the estate inventory (PC 577) with the court and pay the inventory fee
• 63 days: After receiving a creditor's claim, formally allow or disallow it

Missing these deadlines can result in rejected filings, extended probate timelines, and in some cases, personal liability for the Personal Representative.

UK, Canada, and Australia Comparison

For readers familiar with estate administration in other common-law countries: Michigan's Letters of Authority are functionally similar to Grant of Probate in England and Wales, Letters Probate in Canadian provinces, and Grants of Probate in Australian states. In each jurisdiction, the document is the court's formal recognition of the personal representative's authority. The Michigan process is generally faster and less expensive than English probate, though the EPIC deadlines are more prescriptive.

Getting Everything Right

Letters of Authority are the key that unlocks the estate administration process — but obtaining them is just the beginning. The sequence of what comes after, including every SCAO form, every statutory deadline, and every asset-specific transfer path under EPIC, is detailed in the Michigan Estate Settlement Guide.

See more Michigan guides →