Your Clock Started Ticking: Understanding Michigan’s 91-Day Inventory Rule
When the probate court hands you those letters of authority as a personal representative, a 91-day countdown begins that many executors don’t fully understand until it’s almost too late. This strict timeline for filing estate inventory isn’t arbitrary – it serves crucial legal purposes that protect both the estate and its beneficiaries. If you’ve recently been appointed as a personal representative for an estate in Michigan, you’re probably wondering why this specific timeframe exists and what happens if you miss it. The good news is that with proper guidance and understanding of the requirements, meeting this deadline is entirely manageable.
💡 Pro Tip: Mark your calendar immediately upon appointment – count exactly 91 days from the date on your letters of authority, not from when you received them or when the person died.
Ready to make sense of Michigan’s 91-day inventory rule? CF Legal is here to guide you every step of the way. Don’t let the pressure get to you—reach out at 810-232-1112 or contact us today, and let’s keep your estate matters on the right track!
How an Estate Planning Lawyer in Flint, Michigan Explains the 91-Day Rule
The 91-day inventory requirement comes directly from MCL 700.3706 personal representative inventory duty, which mandates that personal representatives prepare a detailed inventory of all property owned by the decedent at the time of death. This isn’t just a suggestion – it’s a legal obligation that carries real consequences. The inventory must list each asset with reasonable detail, including its fair market value as of the date of death and any encumbrances like mortgages or liens. An estate planning lawyer in Flint, Michigan can help ensure your inventory meets all statutory requirements while protecting you from personal liability.
Beyond just listing assets, you must also submit information necessary for calculating the probate inventory fee within those same 91 days according to Michigan Court Rules Chapter 5. This fee calculation is based on the total value of the estate’s assets, and the court uses this information to determine the appropriate fee amount. Many personal representatives underestimate the complexity of properly valuing estate assets, especially when dealing with real estate, business interests, or unique personal property. Working with an estate planning lawyer in Flint, Michigan ensures accurate valuations that withstand court scrutiny.
💡 Pro Tip: If you’re unsure about an asset’s value, the law specifically authorizes hiring qualified appraisers – their names and addresses must be included in the inventory for the items they appraise.
Breaking Down Your Estate Administration Timeline
The 91-day inventory deadline is just one piece of a larger timeline puzzle that personal representatives must navigate. Understanding how these deadlines interconnect helps prevent costly mistakes and ensures smooth estate administration. Your responsibilities begin immediately upon appointment, and each deadline builds upon the previous ones. Missing one deadline can create a domino effect that delays the entire estate settlement process.
- Publish notice to creditors: Publish a notice to creditors (per MCL 700.3801 and MCR 5.208) to alert unknown creditors — this publication starts a four‑month period for presentation of claims; there is no statewide statutory rule requiring publication exactly within 60 days (some local courts recommend publishing promptly or follow local guidance).
- Within 91 days: Submit inventory information to the court and file the actual inventory (though filing is optional, submitting fee calculation information is mandatory)
- By filing of closing petition or one year after appointment (whichever is earlier): Pay the calculated inventory fee to the court
- If estate remains open after one year: File a Notice of Continuing Administration explaining why the estate needs more time
- Throughout administration: File supplemental inventories if you discover new assets or find errors in original values – the law requires prompt correction
💡 Pro Tip: The creditor claim period runs concurrently with your inventory preparation – use this time efficiently by gathering asset information while monitoring potential claims.
Meeting Your Deadline with Professional Support
Successfully meeting the 91-day inventory deadline requires systematic organization and often benefits from professional assistance. An estate planning lawyer in Flint, Michigan helps personal representatives navigate this process by ensuring all assets are properly identified, valued, and reported according to Michigan Court Rules Chapter 5. CF Legal understands the pressure executors face during this challenging time and provides structured guidance to meet all statutory requirements while protecting personal representatives from liability.
The consequences of missing the inventory deadline can include court sanctions, removal as personal representative, or personal liability for damages to the estate. However, courts generally work with personal representatives who communicate proactively about legitimate delays. If you’re approaching the deadline and realize you need more time, an estate planning lawyer in Flint, Michigan can help request an extension from the court with proper justification. The key is addressing potential issues before the deadline passes rather than hoping the court won’t notice.
💡 Pro Tip: Start gathering financial statements and asset documentation immediately upon appointment – banks and financial institutions often take weeks to provide necessary information.
Hidden Assets and Valuation Challenges That Complicate Your Inventory
One of the most challenging aspects of meeting the 91-day deadline involves discovering and properly valuing all estate assets. Personal representatives often encounter surprise assets like forgotten bank accounts, unknown life insurance policies, or digital assets that the deceased never documented. The law requires listing property with "reasonable detail," but what constitutes reasonable can vary depending on the asset type and complexity. An estate planning lawyer in Flint, Michigan regularly helps executors navigate these gray areas while ensuring compliance with statutory requirements.
Common Asset Discovery Challenges
Digital assets present unique challenges since they may leave no paper trail – think cryptocurrency holdings, online business revenues, or valuable domain names. Personal representatives must also investigate potential assets like unclaimed property held by the state, pending legal settlements, or interests in closely-held businesses that may not be immediately apparent. The statute specifically addresses what happens when you discover assets after filing the initial inventory: you must prepare a supplemental inventory showing the market value as of the date of death and provide it to interested parties and potentially the court.
💡 Pro Tip: Check Michigan’s unclaimed property database and review at least three years of the deceased’s tax returns to identify potentially overlooked assets or income sources.
Calculating and Managing Michigan’s Probate Inventory Fee Structure
Understanding how Michigan calculates probate inventory fees helps personal representatives budget appropriately and avoid surprises. The state uses a sliding scale based on the total estate value, and as of 2025, estates valued at $51,000 or less may qualify for simplified procedures. The Michigan One Court of Justice website provides an inventory fee calculator that personal representatives can use to determine the exact fee amount. This fee must be paid no later than when filing closing petitions or one year after appointment – whichever comes first.
Strategic Timing for Fee Payment
While you must submit information for fee calculation within 91 days, paying the actual fee can be strategically timed based on the estate’s liquidity. Some estates have substantial real estate holdings but little cash, making immediate fee payment challenging. Personal representatives working with an estate planning lawyer in Flint, Michigan often develop payment strategies that comply with court rules while managing estate cash flow effectively. Remember that reopened estates reset all timing requirements, treating the reopening as a new case for deadline calculations.
💡 Pro Tip: If the estate lacks immediate liquidity, document this in your court filings and consider requesting court approval for asset sales to generate necessary funds.
Frequently Asked Questions
Critical Inventory and Timeline Questions
Personal representatives facing the 91-day deadline often have similar concerns about compliance, consequences, and best practices. These questions reflect real-world challenges that executors encounter when administering estates in Genesee County and throughout Michigan.
💡 Pro Tip: Keep detailed records of all your efforts to locate and value assets – this documentation protects you if questions arise later about your diligence.
Understanding Your Legal Obligations
The intersection of state statutes and court rules creates a complex framework that personal representatives must navigate carefully. Understanding not just what’s required but why it’s required helps executors make better decisions throughout the process.
💡 Pro Tip: When in doubt about any requirement, seek clarification before the deadline – courts prefer proactive communication over after-the-fact explanations.
1. What happens if I discover estate assets after the 91-day inventory deadline has passed?
MCL 700.3706 specifically addresses this situation – you must prepare a supplemental inventory showing the newly discovered assets’ market value as of the date of death. File this supplemental inventory with the court if you filed the original, and provide copies to all interested persons. There’s no specific deadline for supplemental inventories, but the law requires you to act promptly once you learn about the additional assets or valuation errors.
2. Can I get an extension on the 91-day inventory deadline if I’m still gathering information?
Yes, courts can grant extensions when personal representatives show good cause. Common reasons include waiting for appraisals on complex assets, difficulty obtaining financial records from institutions, or discovering previously unknown assets that require investigation. The key is requesting the extension before the deadline expires and explaining specifically why you need additional time. Courts are generally understanding when representatives demonstrate diligent efforts.
3. Do I have to file the actual inventory with the court, or just the fee calculation information?
Michigan law makes filing the actual inventory optional, but submitting information for fee calculation is mandatory within 91 days. However, you must send copies of the inventory to all presumptive distributees and any interested persons who request it. Many attorneys recommend filing the inventory with the court anyway, as it creates an official record and can prevent disputes later about what was included or excluded.
4. What’s the difference between the $170 filing fee and the probate inventory fee?
These are two separate fees. The $175 is the initial filing fee paid when submitting your Petition for Probate and/or Appointment of Personal Representative (a $150 statutory filing fee plus a $25 electronic filing/system fee). The probate inventory fee is calculated based on the estate’s total value and must be paid later – either when filing closing documents or within one year of appointment. The inventory fee amount varies significantly depending on estate value, while the filing fee remains constant.
5. How detailed does my inventory need to be to meet the "reasonable detail" requirement?
The statute requires enough detail for interested parties to understand what assets exist and their values. For bank accounts, include the institution name, account type, and balance. For real estate, provide the address, type of property, and fair market value. Personal property can often be grouped (e.g., "household furnishings – $2,000") unless items have significant individual value. When in doubt, err on the side of more detail rather than less.
Work with a Trusted Estate Planning Lawyer
Navigating Michigan’s probate inventory requirements demands attention to detail and understanding of both statutory obligations and local court practices. Personal representatives who work with experienced counsel typically find the process more manageable and avoid common pitfalls that can delay estate administration or create personal liability. If you’re facing the 91-day inventory deadline or struggling with any aspect of estate administration, professional guidance can make the difference between a smooth process and costly complications.
Don’t get caught in a bind with Michigan’s tight estate deadlines. CF Legal is on standby to help you navigate with confidence. Give us a call at 810-232-1112 or contact us today, and let’s tackle this together!