Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.3611 (2026)

Termination of appointment by removal; cause; procedure.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3611 Termination of appointment by removal; cause; procedure.

Sec. 3611.

    (1) An interested person may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. The petitioner shall give notice to the personal representative and to other persons as the court orders. Except as otherwise ordered under section 3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court shall also direct by order the disposition of the property remaining in the name of, or under the control of, the personal representative being removed.

    (2) The court may remove a personal representative under any of the following circumstances:

    (a) Removal is in the best interests of the estate.

    (b) It is shown that the personal representative or the person who sought the personal representative's appointment intentionally misrepresented material facts in a proceeding leading to the appointment.

    (c) The personal representative did any of the following:

    (i) Disregarded a court order.

    (ii) Became incapable of discharging the duties of office.

    (iii) Mismanaged the estate.

    (iv) Failed to perform a duty pertaining to the office.

    (3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of an ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer in state assets.

History: 1998, Act 386, Eff. Apr. 1, 2000

PopularName Notes:

EPIC
Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 2006–2023 · leading case: In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013).
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In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). · cites it 7× “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
In Re Baldwin Trust, 733 N.W.2d 419 (Mich. Ct. App. 2007). · cites it 2× “MCL 700.3611 provides: (1) An interested person may petition for removal of a personal representative for cause at any time.”
In Re Kramek Est., 710 N.W.2d 753 (Mich. Ct. App. 2006). · cites it 2× “MCL 700.3611 provides, in pertinent part: (1) An interested person may petition for removal of a personal representative for cause at any time.”
In Re Johnson Est. (Mich. Ct. App. 2023). · cites it 12× “In Michigan, the Estates and Protected Individuals Code (EPIC), MCL 700.”
in Re Basso Est. (Mich. Ct. App. 2019). · cites it 9× “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
in Re Douglas W Baltrip Est. (Mich. Ct. App. 2016). · cites it 4× “The Legislature has not identified the grounds that would support an objection to the appointment of a personal representative, but this Court has “conclude[d] that any ground which would justify the removal of a personal representative under MCL 700.3611(2) is equally…”
in Re Oxender Est. (Mich. Ct. App. 2020). · cites it 4× “MCL 700.3611(2) authorizes the probate court to remove a personal representative as follows: (2) The court may remove a personal representative under any of the following circumstances: (a) Removal is in the best interests of the estate.”
in Re Mansharamani Est. (Mich. Ct. App. 2017). · cites it 3× “MCL 700.3611(1) provides in relevant part that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Mansharamani Est. (Mich. Ct. App. 2017). · cites it 3× “MCL 700.3611(1) provides in relevant part that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re McLaurin Est. (Mich. Ct. App. 2019). · cites it 3× “(b) It is shown that the personal representative or the person who sought the personal representative’s appointment intentionally misrepresented material facts in a proceeding leading to the appointment.”
In Re Kapp Est. (Mich. Ct. App. 2022). · cites it 3× “” MCL 700.3611(1). An “interested person” is defined to include, inter alia, “an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual.”
in Re Erwin Est. (Mich. Ct. App. 2016). · cites it 2× “[MCL 700.3611 (emphasis added).] A dispute or disagreement alone is not a sufficient basis to remove a personal representative.”
Show all 26 citing cases →
— Mich. Comp. Laws § 700.3611(1) — 13 cases
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
in Re Mansharamani Est. (Mich. Ct. App. 2017). “MCL 700.3611(1) provides in relevant part that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re Mansharamani Est. (Mich. Ct. App. 2017). “MCL 700.3611(1) provides in relevant part that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
in Re McLaurin Est. (Mich. Ct. App. 2019). “(b) It is shown that the personal representative or the person who sought the personal representative’s appointment intentionally misrepresented material facts in a proceeding leading to the appointment.”
in Re Basso Est. (Mich. Ct. App. 2019). “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
— Mich. Comp. Laws § 700.3611(2) — 10 cases
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
In Re Johnson Est. (Mich. Ct. App. 2023). “In Michigan, the Estates and Protected Individuals Code (EPIC), MCL 700.”
in Re Douglas W Baltrip Est. (Mich. Ct. App. 2016). “The Legislature has not identified the grounds that would support an objection to the appointment of a personal representative, but this Court has “conclude[d] that any ground which would justify the removal of a personal representative under MCL 700.3611(2) is equally…”
In Re Kapp Est. (Mich. Ct. App. 2022). “” MCL 700.3611(1). An “interested person” is defined to include, inter alia, “an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual.”
in Re Mansharamani Est. (Mich. Ct. App. 2017). “MCL 700.3611(1) provides in relevant part that “[a]n interested person may petition for removal of a personal representative for cause at any time.”
— Mich. Comp. Laws § 700.3611(2)(a) — 6 cases
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
in Re Basso Est. (Mich. Ct. App. 2019). “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
in Re Oxender Est. (Mich. Ct. App. 2020). “MCL 700.3611(2) authorizes the probate court to remove a personal representative as follows: (2) The court may remove a personal representative under any of the following circumstances: (a) Removal is in the best interests of the estate.”
In Re Johnson Est. (Mich. Ct. App. 2023). “In Michigan, the Estates and Protected Individuals Code (EPIC), MCL 700.”
in Re Douglas W Baltrip Est. (Mich. Ct. App. 2016). “The Legislature has not identified the grounds that would support an objection to the appointment of a personal representative, but this Court has “conclude[d] that any ground which would justify the removal of a personal representative under MCL 700.3611(2) is equally…”
— Mich. Comp. Laws § 700.3611(2)(b) — 1 case
In Re Johnson Est. (Mich. Ct. App. 2023). “In Michigan, the Estates and Protected Individuals Code (EPIC), MCL 700.”
— Mich. Comp. Laws § 700.3611(2)(c)(i) — 2 cases
in Re Basso Est. (Mich. Ct. App. 2019). “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
In Re Johnson Est. (Mich. Ct. App. 2023). “In Michigan, the Estates and Protected Individuals Code (EPIC), MCL 700.”
— Mich. Comp. Laws § 700.3611(2)(c)(ic) — 1 case
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
— Mich. Comp. Laws § 700.3611(2)(c)(ii) — 1 case
in Re Oxender Est. (Mich. Ct. App. 2020). “MCL 700.3611(2) authorizes the probate court to remove a personal representative as follows: (2) The court may remove a personal representative under any of the following circumstances: (a) Removal is in the best interests of the estate.”
— Mich. Comp. Laws § 700.3611(2)(c)(iii) — 2 cases
In re Est. of Stan, 839 N.W.2d 498 (Mich. Ct. App. 2013). “5 Had Georgiann already been appointed to serve as personal representative, Christine’s allegations surely would have been sufficient to justify the filing of a petition for Georgiann’s removal under MCL 700.3611(1) and (2). We conclude that these same allegations constituted…”
in Re Douglas W Baltrip Est. (Mich. Ct. App. 2016). “The Legislature has not identified the grounds that would support an objection to the appointment of a personal representative, but this Court has “conclude[d] that any ground which would justify the removal of a personal representative under MCL 700.3611(2) is equally…”
— Mich. Comp. Laws § 700.3611(2)(c)(iv) — 2 cases
in Re Vandecar Est. (Mich. Ct. App. 2017).
in Re Vandecar Est. (Mich. Ct. App. 2017).
— Mich. Comp. Laws § 700.3611(c)(i) — 1 case
in Re Basso Est. (Mich. Ct. App. 2019). “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
— Mich. Comp. Laws § 700.3611(c)(iii) — 1 case
in Re Basso Est. (Mich. Ct. App. 2019). “An “interested person” is defined as “the incumbent fiduciary; an heir, devisee, child, spouse, creditor, and beneficiary and any other person that has a property right in or claim against a trust estate or the estate of a decedent, ward, or protected individual; a person that…”
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