Overview
Berrien County is located in Michigan with a population of approximately 152,703. The Berrien 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) or an Application for Informal Probate (Form 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 decedents dying in 2026, if the estate value is $53,000 or less (adjusted annually for inflation), you may qualify for a small estate assignment (Petition and Order for Assignment, Form PC 556).
Michigan does not have a statutory attorney fee schedule; fees must be reasonable and are subject to court review. Personal representatives are also entitled to reasonable compensation.
This guide provides an informational overview of the Berrien 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
Berrien County Probate Court
Probate matters in Berrien County are handled at the Berrien County Courthouse.
Address: 811 Port Street, 4th Floor, St. Joseph, MI 49085
Phone: (269) 983-7111, ext. 8365 (Probate Court)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Probate Court is located on the 4th floor of the courthouse. It handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Parking is available in lots on the west side of the Courthouse as well as across from the Sheriff's Department. There is also street parking available in the surrounding area, though some spots may be metered or time-limited.
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), you may file a simplified petition.
- Transfer by Affidavit: For estates valued at $27,000 or less (indexed for inflation), 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 or informal probate is needed, file a Petition for Probate (PC 559) or Application for Informal Probate (PC 558) with the Berrien County Probate Court. Include:
- Testimony to Identify Heirs (PC 565)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee: $175
- Supplemental Testimony (if applicable)
E-filing is available and encouraged through the MiFILE system.
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 Berrien County (e.g., The Herald-Palladium) 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 register may issue Letters without a hearing if the application is complete.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 4 months for claims to be filed.
- 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 a year, or a Sworn Statement to Close when finished.
Local Requirements
Berrien County-Specific Procedures
- E-filing: Berrien County utilizes MiFILE for electronic filing of court documents.
- Inventory Fee: A statutory inventory fee is assessed based on the value of the estate assets. This must be paid before the estate can be closed.
- Case Access: Case records can often be searched online through the county's court record search portal.
- Publication: Notice must be published in a newspaper of general circulation in Berrien County, such as The Herald-Palladium or Berrien County Record.
Always check the latest Local Administrative Orders (LAOs) for any specific courtroom rules regarding remote hearings or evidence submission.
Timeline & Fees
Filing Fees (Berrien County)
- Petition/Application for Probate: approximately $175
- Small Estate Petition: approximately $25
- Certified copies of Letters: approximately $12 per certified copy
- Inventory Fee: Varies based on estate value (calculated by the court)
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, MasterCard, Discover, American Express). A service fee typically applies to card payments.
Estimated Timelines
- Simple estates (informal, no disputes): 5-7 months
- Average estates: 7-12 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
Berrien County Court Resources
- Court Website: berriencounty.org
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- Berrien County Bar Association: (269) 983-7111 — Local attorney directory
- Legal Aid of Western Michigan: (269) 983-6363 — Low-income legal assistance
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
Publication
- The Herald-Palladium: (269) 429-2400 — General circulation
- Berrien County Record: (269) 695-3878 — Legal notices