What Happens If a Sibling Refuses to Sign Probate Documents in Michigan?

Money, memories, and family history are all on the line when a loved one dies. If one sibling refuses to sign probate documents in Michigan, the process can still move forward.

The court can notify the non-signing sibling and proceed without their signature. While this may cause delays or disputes, it won’t stop the estate from being settled, though the court may need to step in or appoint a neutral party.

At Bassett Murray Law Group, PLLC, we’ve spent over 30 years guiding Michigan families through challenges like these. Let’s look at why signatures matter and how to keep things moving.

Probate: An Overview

Probate is the court-supervised process that settles an estate after death. The court validates the will, appoints a personal representative, collects assets, pays debts, and makes sure the rest goes to the right heirs under Michigan law.

If there is no will, the estate follows Michigan’s intestate rules, yet the judge still watches each step.

Most estates in our state use one of two tracks: informal probate, handled mainly by mail or online filings, or formal probate, where the judge signs off on nearly every action. Which road the estate takes can depend on family cooperation, so a missing signature matters.

Why a Sibling Might Refuse to Sign

A sibling’s refusal rarely comes out of nowhere. The reasons below pop up often in our Ann Arbor office.

Disagreement with the Will

The sibling may believe Mom or Dad lacked mental capacity or was pressured during the last will signing. Signing forms feels like giving up that challenge.

Concerns About the Executor

If the proposed personal representative is viewed as careless or biased, trust drops fast, and so does the willingness to sign.

Disputes Over Asset Distribution

One heir might see the plan as uneven, especially if valuable property, a cottage Up North, or the family business is involved.

Family Conflicts

Old grudges often reappear at the worst time, turning routine signatures into power plays.

Lack of Complete Information

Probate forms can feel intimidating. Without clear answers, some people refuse to sign rather than risk a mistake.

Whatever the motive, the impact on the estate can be real and expensive. That leads us to the next point.

What Happens If a Sibling Doesn’t Sign?

Michigan probate does not stop just because one heir is silent, yet the path forward can change.

Delays and Complications

Without the needed signatures, informal probate may no longer be an option. Court hearings, service by certified mail, and extra filings can drag out the timeline and raise costs.

Formal Probate vs. Informal Probate

Informal probate moves quickly when heirs agree. A refusal often forces the estate into formal probate, where the judge must approve many more steps. That adds months, even years, to the process.

The Court’s Involvement

Michigan judges have wide power to keep the estate on track. They can:

• Appoint a neutral personal representative if family choices lead to conflict.
• Set deadlines for objections and rule on will challenges.
• Order accountings, inventories, or even the removal of a personal representative who fails to act.

The sibling who will not sign still gets notice of each hearing, yet the court can move forward without consent once due process is met.

Steps You Can Take If A Sibling Refuses to Sign Probate Documents

You are not powerless when a sibling refuses to sign. Below are actions that work well in Michigan cases we handle.

Open Communication

Start with a calm talk. Ask what is bothering your sibling and share clear details about the estate. Many refusals fade once fears are answered.

Mediation

A trained mediator can help keep emotions in check and guide the family toward a written agreement. Local courts often keep a roster of approved mediators, and the cost is lower than a court fight.

Court Petition

If talks stall, you can petition the probate court to move forward without the missing signature. The judge will set a hearing, give notice to all heirs, and decide whether the estate may proceed.

Challenging the Refusal

Michigan law discourages bad-faith delays. If a sibling blocks probate only to gain leverage, the court can award costs or even remove that person from certain inheritance rights under MCL 700.3905.

Need Help with Probate in Michigan? We’re Here for You

At Bassett Murray Law Group, PLLC, we believe legal services should ease stress, not add to it. We are invested in Improving Lives, and that promise guides every probate file we open. Stalled signatures are no match for clear advice and steady action.

Feel free to call our Ann Arbor office at 734-930-9200 or 231-427-2292 in Petoskey. You can also visit our website or stop by to tell us what is happening in your family. One conversation can put the estate back on track and give you the peace of mind you deserve.