Overview
Bay County is located in Michigan with a population of approximately 102,651. The Bay 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 (PC 559) or Application for Informal Probate (PC 558) 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 2026, if the estate is valued at $53,000 or less, you may file a Petition and Order for Assignment (PC 556). Additionally, a Transfer by Affidavit process is available for estates valued at $53,000 or less (indexed annually).
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 Bay 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
Bay County Probate Court
Probate matters in Bay County are handled at the Bay County Court Facility.
Address: 1230 Washington Ave., Suite 715, Bay City, MI 48708-5737
Phone: (989) 895-4205 (Probate Court Clerk)
Hours: Monday through Friday, 7:30 AM to 5:00 PM
The Probate Court is located in Suite 715 of the Bay County Court Facility in downtown Bay City.
Parking and Access
Public parking is available in lots surrounding the courthouse and metered street parking is available nearby. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition and Order for Assignment: If the estate is valued at $53,000 or less (2026 limit), you may use this simplified small estate procedure.
- Transfer by Affidavit: For estates valued at $53,000 or less, a successor may claim assets via affidavit without court involvement.
- 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 (PC 559) or Application for Informal Probate (PC 558) with the Bay County Probate Court. Include:
- Completed Petition or Application
- Original will and codicils (if any)
- Certified death certificate
- $175.00 filing fee
- Testimony to Identify Heirs (PC 565)
Bay County utilizes MiFILE for electronic filing, which is encouraged for most probate matters.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice to creditors in a newspaper of general circulation in Bay County (e.g., Bay City Times) once, if the identity of creditors is unknown.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors (if not already done) — creditors have 4 months to file claims
- Inventory and appraise all estate assets within 91 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Notice of Continued Administration if open longer than a year, or a Sworn Statement to Close when finished
Local Requirements
Bay County-Specific Procedures
- MiFILE E-Filing: Bay County participates in the state's MiFILE system. Attorneys and self-represented litigants are encouraged to file documents electronically.
- Inventory Fee: An inventory fee, calculated based on the value of the estate's assets, must be paid to the court before the estate can be closed.
- Case Management: The court may schedule status conferences to ensure the estate administration is progressing efficiently.
- Publication: Notice to creditors must be published once in a newspaper of general circulation in Bay County, such as the Bay City Times or Pinconning Journal.
Always check with the court clerk for the most current local rules and e-filing requirements.
Timeline & Fees
Filing Fees (Bay County)
- Petition/Application for Probate: approximately $175.00
- Small Estate (Petition for Assignment): approximately $25.00 plus inventory fee
- Certified copies of Letters: approximately $12.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on the value of the estate
Michigan law requires attorney and personal representative fees to be reasonable; there is no statutory percentage schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (via MiFILE or counter with a convenience fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 5-7 months
- Average estates: 7-12 months
- Complex or contested estates: 1 year or more
Timelines are affected by the mandatory 4-month creditor claim period and court scheduling availability.
Local Resources
Bay County Court Resources
- Court Website: baycountymi.gov
- 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 Eastern Michigan: (800) 322-4512 — Provides legal assistance to low-income individuals.
Publication
- Bay City Times: (989) 895-8551 — General circulation newspaper
- Pinconning Journal: (989) 879-3811 — Local weekly newspaper