How to Open Probate In Michigan

Opening a formal probate case in Michigan involves a series of legal steps that must be followed carefully to ensure the estate of a deceased person is administered properly.

Summary: How to Open a Formal Probate Case in Michigan

In Michigan, formal probate is a court-supervised process used to administer a deceased person's estate, especially when there are disputes, complex assets, or unclear wills. The process begins in the probate court of the county where the deceased (also called the "decedent") lived at the time of death.

Watch a short video on how to open probate in Michigan.

Step 1: Determine Whether Probate Is Necessary

First, determine if formal probate is required. If the estate is small (under $50,000 as of 2025), or assets are jointly owned or have named beneficiaries (like life insurance or retirement accounts), probate may not be needed. However, when the estate is large, contested, or complex—or if there is no will—formal probate is often necessary.

Step 2: Prepare the Necessary Forms

To initiate formal probate, the petitioner (often a family member or interested party) must file several documents with the probate court:

• Application/Petition for Probate and/or Appointment of Personal Representative (Form PC 559)

• Testimony to Identify Heirs (Form PC 565)

• Will and any codicils (originals must be submitted)

• Death certificate

• Notice of Hearing (Form PC 562)

If the decedent had a will, the court will determine its validity. If there’s no will, the estate is considered "intestate," and the court distributes assets according to Michigan law.

Step 3: File the Petition and Pay Filing Fees

The completed forms and documents are filed with the county probate court. As of 2025, the filing fee for a formal probate case in Michigan is approximately $175, though this may vary slightly by county. Once the documents are filed, the court assigns a case number and schedules a hearing.

Step 4: Notify Interested Parties

Michigan law requires the petitioner to notify all interested parties—including heirs, beneficiaries, and creditors—of the probate proceedings and hearing. This is typically done using Form PC 564 (Notice to Interested Persons). Service must be completed according to court rules, which often means delivering the notice personally or by mail at least 14 days before the hearing.

Step 5: Attend the Probate Hearing

At the hearing, the judge reviews the petition and supporting documents. If there are no objections, the court formally opens the estate and appoints a Personal Representative (PR) (executor), granting them Letters of Authority (Form PC 572) to manage the estate. If disputes arise, the court may hold additional hearings.

Step 6: Begin Estate Administration

Once appointed, the Personal Representative is responsible for:

• Collecting and valuing estate assets

• Paying debts and taxes

• Managing claims from creditors

• Distributing remaining assets to heirs/beneficiaries

• Filing required inventories and accountings with the court

  
  

Formal probate may remain open for several months or a couple of years, depending on complexity of the estate. Once administration is complete, the PR files a final accounting, and the court closes the estate.

This formal process ensures that a decedent’s estate is properly managed and distributed under Michigan law, offering legal protection to all parties involved.

Why Hire a Probate Attorney?

Closing probate involves careful oversight of deadlines, proper accounting, and strict compliance with court rules in Macomb County. A local probate lawyer will ensures no missteps—protecting you from personal liability and smoothing the path for beneficiaries.

Need Help With Probate in Michigan? Contact Radzwion Law, PLLC today. Our local probate attorneys are ready to help you open and manage your case properly.

📞 Call (248)-702-5282 | 📧 Joseph@RadzwionLaw.com | 📍 Serving clients throughout Macomb County, Wayne County, Oakland County, St. Clair County and more.