Overview
Benzie County is located in Michigan with a population of approximately 18,520. The Benzie 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 of Authority for testate estates or Letters of Authority for intestate estates.
For smaller estates, Michigan offers a simplified procedure known as a Petition for Assignment (PC 556). For decedents dying in 2026, this is available if the estate's gross value (less liens and encumbrances) does not exceed $53,000. This threshold is adjusted annually for inflation.
Michigan does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Instead, fees must be "reasonable" based on the time spent, complexity of the work, and results achieved.
This guide provides an informational overview of the Benzie 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
Benzie County Probate Court
Probate matters in Benzie County are handled at the Benzie County Government Center.
Address: 448 Court Place, Beulah, MI 49617
Phone: (231) 882-9675 (Probate Register)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
Probate Judge: Honorable John D. Mead
The Probate Court is located within the Government Center complex. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Free public parking is available in the lot adjacent to the Government Center. 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 for Assignment (Small Estate): If the estate is valued at $53,000 or less (2026 limit), you may file a simplified petition to assign assets directly to heirs or creditors.
- Transfer by Affidavit: For estates valued at $27,000 or less (subject to annual adjustment), a successor may claim assets using a sworn affidavit (PC 598) 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 and/or Appointment of Personal Representative (PC 559) with the Benzie County Probate Court. Include:
- Testimony to Identify Heirs (PC 565)
- Original will and codicils (if any)
- Certified death certificate (with redacted social security number)
- Filing fee ($175)
- Supplemental Personal Representative Information (PC 608)
The court may accept filings by mail or in person. Check with the Probate Register for current e-filing availability.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties within 14 days.
- Publish notice to creditors in a newspaper of general circulation in Benzie County, such as the Benzie County Record Patriot, if the identity of creditors is unknown.
Step 4: Attend the Hearing
For formal probate, 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. Informal probate is processed administratively by the Probate Register 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
Benzie County-Specific Procedures
- Inventory Fee: A state-mandated inventory fee (often called a "gross estate fee") must be paid before the estate can be closed. The fee is based on the value of the estate's assets.
- Publication: Notice to creditors is typically published in the Benzie County Record Patriot.
- Case Search: Benzie County court records may be searchable online via the Michigan MiCOURT case search system.
- Local Forms: While standard Michigan SCAO forms are used, the court may require a specific local coversheet or contact information form.
Always check with the Probate Register for the most up-to-date local rules regarding remote hearings (Zoom) and filing methods.
Timeline & Fees
Filing Fees (Benzie County)
- Petition for Probate: $175.00
- Small Estate Petition (Assignment): $25.00 filing fee + $12.00 inventory fee portion (plus variable inventory fee based on value)
- Certified copies of Letters: $12.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., $138 for a $100k estate)
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+
The creditor claim period in Michigan is 4 months from the date of publication, which sets a minimum duration for most estates.
Local Resources
Benzie County Court Resources
- Court Website: Benzie County Probate Court
- Probate Self-Help: Michigan Legal Help
- State Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
- Legal Services of Northern Michigan: (231) 941-0771 — Provides legal assistance to eligible low-income residents.
Publication
- Benzie County Record Patriot: (231) 882-4409 — Website