Overview
Allegan County is located in Michigan with a population of approximately 122,429. The Allegan County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Michigan probate is governed by the Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq. The process begins with filing a Petition for Probate and/or Appointment of Personal Representative (Form PC 559) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Michigan offers simplified procedures for small estates. For decedents dying in 2025, if the estate value (net of liens) is $51,000 or less, you may file a Petition and Order for Assignment (Form PC 556). For decedents dying on or after January 1, 2026, the threshold is $53,000. This threshold is adjusted annually for inflation.
Michigan does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the services performed.
This guide provides an informational overview of the Allegan County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Allegan County Probate Court
Probate matters in Allegan County are handled at the Allegan County Courthouse.
Address: 113 Chestnut St, Allegan, MI 49010
Phone: (269) 673-0250 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is presided over by the Honorable Jolene Clearwater. The Probate Register and staff can assist with procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available in lots surrounding the courthouse and on nearby streets. The courthouse is accessible via the entrance off Hubbard Street, between Walnut and Chestnut Streets. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition for Assignment (Small Estate): If the estate is valued at $51,000 or less (for 2025 deaths) or $53,000 or less (for 2026 deaths), you can file a simplified petition to assign assets directly to heirs or creditors.
- Transfer by Affidavit: For very small estates (under $28,000 adjusted for inflation) with no real property, a sworn statement may suffice to collect assets.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate and/or Appointment of Personal Representative (Form PC 559) with the Allegan County Probate Court. Include:
- Original Will and codicils (if any)
- Certified copy of the death certificate
- Filing fee ($175)
- Testimony to Identify Heirs (Form PC 565)
- Supplemental Testimony to Identify Nonheir Devisees (Form PC 566, if testate)
The court accepts filings in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of informal appointment) to all heirs, beneficiaries, and interested parties within specific statutory timeframes (typically 14 days before a hearing).
- Publish notice to creditors in a newspaper of general circulation in Allegan County, such as the Allegan County News, if the identity of creditors is unknown.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority. For informal probate, the Probate Register may issue Letters without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (if not already done) and allow 4 months for claims.
- Inventory and appraise all estate assets within 91 days of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Notice of Continued Administration if the estate is open longer than one year, or a Sworn Statement to Close Unsupervised Administration when finished.
Local Requirements
Allegan County-Specific Procedures
- Inventory Fee: Michigan courts charge an inventory fee based on the value of the estate. This must be paid before the estate can be closed.
- Publication: Notice to creditors is typically published in the Allegan County News.
- Case Access: Allegan County court records may be accessible online or via public terminals at the courthouse.
- Mediation: The court may refer contested matters to mediation to resolve disputes efficiently.
Always check with the Probate Register for the most current local administrative orders.
Timeline & Fees
Filing Fees (Allegan County)
- Petition for Probate (Commencement Fee): $175
- Small Estate (Petition for Assignment): $25 + Inventory Fee
- Certified copies of Letters: $12 per certified copy
- Inventory Fee: Based on estate value (e.g., approx. $264 for a $53,000 estate; scales up with value)
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with an additional convenience fee.
Estimated Timelines
- Simple estates (Informal, no disputes): 7-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Creditors have 4 months from the date of publication to file claims, which sets a minimum duration for most full probate cases.
Local Resources
Allegan County Court Resources
- Court Website: Allegan County Probate Court
- Probate Self-Help: Michigan Legal Help - Probate
- State Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
- Legal Aid of Western Michigan: (616) 774-0672 — Provides free legal services to eligible low-income residents.
Publication
- Allegan County News: (269) 673-5534 — Common newspaper for legal notices.