Estate Law Questions? Ask an Estate Lawyer.
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Let me review a couple things and I will be right back. Can you confirm the probate is in Michigan?
You have the right in Michigan to file a motion with the probate court to have the court compel your sister to act. You are entitled to file this after 1 year has passed since her appointment see http://www.legislature.mi.gov/(S(u4pbt2htiluskd4xfcjlqrgf))/mileg.aspx?page=GetMCLDocument&objectname=mcl-700-3952
This is from the Kent County Probate site and even if you are in a different county it cites Michigan state law and is easier to read than the statute. There is also some other helpful information. I cut and pasted the relevant section from https://www.accesskent.com/Courts/Probate/closing_estate.htm
Order of Complete Estate Settlement
Pursuant to MCL(###) ###-####a personal representative or an interested person may petition for an order of complete estate settlement. This is a formal proceeding which offers a procedure to settle all issues in closing an estate. It gives the personal representative the protection of the conclusiveness of a court order. This procedure is available for all estate proceedings whether or not they were begun by informal or formal proceedings. If formal testacy has not been determined, such a determination can be asked for if it is desired before final distribution. An estate proceeding in supervised administration must be closed in this manner. The personal representative may petition at any time, and an interested person may petition after 1 year from the original personal representative's appointment. However, the court shall not accept a petition under this section until the time expires for presenting a claim that arises before the decedent's death.
A petition for an order of complete estate settlement may request the court to determine testacy, if not previously determined, to consider the final account, to compel or approve an accounting and distribution, to construe a will or determine heirs, and to adjudicate the estate's final settlement and distribution. There are two court form that may be used depending upon whether testacy was or was not previously adjudicated. The forms are Petition for Complete Estate Settlement, Testacy Previously Adjudicated ( PC 593) and Petition for Adjudication of Testacy and Complete Estate Settlement ( PC 594). Schedule of Distribution and Payment of Claims ( PC 596) may be used as an attachment for either petition. If there is a request for an adjudication of testacy, there must also be a determination of heirs. It is contemplated that as a part of this procedure the personal representative will request to be discharged. Pursuant to Michigan Court Rule (MCR) 5.311(B)(3) a personal representative filing a discharge request must also file additional papers with the court so the court can make a determination that the estate has been properly administered.
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