Probate Process Macomb County Michigan
- Joseph Radzwion IV
- Sep 25
- 3 min read
Overview of a Probate Case in Macomb County, Michigan
If you’ve recently lost a loved one and need to settle their estate, opening a probate case in Macomb County, Michigan may be necessary. At Radzwion Law, PLLC, we guide families through the probate process in Macomb County with experience, efficiency, and compassion.
STAGE 1: Opening Process
1. Determine the Type of Probate Needed
Macomb County follows Michigan probate laws and offers several options:
Small Estate Affidavit – For estates under $50,000.00, no court case is needed.
Informal Probate – Used when there’s no conflict among heirs and a valid will exists.
Formal Probate – Required when there are disputes, unclear wills, or court oversight is necessary.
Not sure which applies? Our Macomb County probate lawyers can help you decide.
2. Gather Essential Documents
To begin the probate process in Macomb County Probate Court, you’ll need:
A certified death certificate,
The original will, if available,
A completed Application or Petition to open probate,
Names and addresses of all heirs and beneficiaries.
3. File in the Macomb County Probate Court
You must file the paperwork with the Macomb County Probate Court, located in Mt. Clemens. Once approved, the court will appoint a personal representative and issue Letters of Authority.
4. Pay Filing and Publication Fees
Court filing fees in Macomb County typically range from $175–$200, depending on the case.
STAGE 2: Active Duties
If you’re serving as the personal representative (executor) of an estate in Macomb County, Michigan, one of your key legal duties is to open the creditor claim period. This step allows creditors to file claims against the estate and is required under Michigan probate law.
At Radzwion Law, PLLC, we help personal representatives comply with all court requirements, including timely opening and managing the creditor period.
5. Publish the Notice to Creditors
After receiving your Letters of Authority, a personal representative is required to:
Publish a Notice to Creditors in a court-approved Macomb County newspaper,
Include the name of the decedent, your contact information, and a deadline for filing claims (at least four months from the publication date).
This step officially starts the four-month creditor claim period under Michigan law (MCL 700.3801).
6. Notify Known Creditors
In addition to publishing, you must personally notify known creditors by mail.
Failing to properly open and manage the creditor period can expose you to personal liability.
7. Collect a list of assets and report them to the court
After receiving your Letters of Authority, a personal representative also needs to investigate the assets of the estate and file an inventory with the court. The inventory will detail the gross value of the assets along with any liens. Common assets are as follows:
Real Property (Houses, Land)
Bank Accounts
Cars, Jewelry, Stocks.
STAGE 3: Closing Process
8. Key Requirements Before Closing
Closing a probate case in Macomb County requires satisfying a series of legal, accounting, and procedural duties to ensure the estate is properly wound up. At Radzwion Law, PLLC, we help personal representatives complete these final steps efficiently and with confidence.
9. Time Must Pass & Creditor Claims Period Must Expire Under Michigan law, an estate cannot be closed in less than five months after opening. Also, creditor claims must have been given notice (through publication and personal notice) and the four‑month window for claims must have passed.
10. Distributions to the Heirs The estate assets have either been distributed or will be distribution upon court order to all the heirs of the estate.
11. All Debts, Taxes & Expenses Resolved Any valid creditor claims, administrative expenses, attorney fees, income or estate tax liabilities must be paid (or contingently reserved).
12. File Appropriate Closing Documents Depending on whether administration was supervised or unsupervised, the closing is done by one of:
Petition for Complete Estate Settlement (for supervised or general closure).
Sworn Statement to Close Unsupervised Administration or Summary Proceeding (small estate) for unsupervised cases.
Court Approval & Discharge Once submitted and approved, the court issues an order closing the estate, and the personal representative may be officially discharged from duties.
Why Hire a Macomb County 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 Macomb County? 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, MI
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