Overview
Baraga County is located in Michigan with a population of approximately 8,169. The Baraga 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). The process begins with filing a Petition for Probate and/or Appointment of Personal Representative (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 who died in 2026, if the estate is valued at $53,000 or less (adjusted annually for inflation), you may file a Petition and Order for Assignment (PC 556). There is also a summary administration option if the estate value does not exceed the homestead allowance, family allowance, exempt property, and costs of administration.
Michigan does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be "reasonable" based on services rendered.
This guide provides an informational overview of the Baraga 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
Baraga County Probate Court
Probate matters in Baraga County are handled at the Baraga County Courthouse.
Address: 16 N. 3rd St, L'Anse, MI 49946
Phone: (906) 524-6100, Ext. 7 (Probate Register)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located within the county courthouse complex. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Street parking is generally available around the courthouse in L'Anse. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate (Petition and Order for Assignment): If the estate is valued at $53,000 or less (2026 limit, adjusted annually), you may file a simplified petition to assign assets directly to heirs or those who paid funeral expenses.
- Transfer by Affidavit: For very small estates (under $27,000 adjusted annually) with no real property, a sworn statement may be used to collect assets after 28 days.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file a Petition for Probate (PC 559) or Application for Informal Probate (PC 558) with the Baraga County Probate Court. Include:
- Petition or Application (PC 559 or PC 558)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175 plus $25 electronic filing fee if applicable)
- Testimony to Identify Heirs (PC 565)
Michigan courts are increasingly moving toward e-filing; check with the probate register for current local e-filing requirements.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or notice of appointment (for informal probate) to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Baraga County (such as the L'Anse Sentinel) 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. Informal probate is an administrative process handled by the Probate Register and typically does not require a hearing before a judge.
Step 5: Administer the Estate
After receiving Letters of Authority, 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 an Inventory Fee to the court based on the estate's value.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Notice of Continued Administration if the estate is open longer than one year, or file a Sworn Statement to Close or Petition for Discharge when complete.
Local Requirements
Baraga County-Specific Procedures
- Inventory Fee: Michigan law requires an inventory fee to be paid to the probate court before the estate can be closed. The fee is calculated based on the value of the assets.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Baraga County, such as the L'Anse Sentinel.
- Local Forms: While Michigan uses statewide SCAO forms, always check with the Baraga County Probate Register for any specific local cover sheets or procedural preferences.
The court may require a bond for the personal representative unless the will expressly waives it or all interested persons agree to waive it.
Timeline & Fees
Filing Fees (Baraga County)
- Petition/Application for Probate: approximately $175
- Electronic Filing System Fee: $25 (mandatory for civil actions in many MI courts)
- Certified copies of Letters: $10 for certification + $1 per page
- Inventory Fee: Varies based on estate value (e.g., ~$188 for a $100k estate; check current schedule)
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Estate Petition (Assignment): $25 filing fee + inventory fee
Michigan does not have a statutory percentage fee for attorneys or personal representatives; fees must be reasonable.
Payment Methods
The court typically accepts cash, checks, and money orders. Credit card payments may be available but often incur a 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 timeline for closing an estate.
Local Resources
Baraga County Court Resources
- Court Website: Baraga County Probate Court
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
- Legal Services of Northern Michigan: (906) 786-2303 — Provides legal aid to eligible low-income residents.
Publication
- L'Anse Sentinel: (906) 524-6194 — Local newspaper for legal notices.