Overview
Branch County is located in Michigan with a population of approximately 44,862. The Branch 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 (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 a simplified procedure for small estates called the Petition and Order for Assignment (PC 556). For decedents dying in 2026, this is available if the estate is valued at $53,000 or less (adjusted annually for inflation).
Michigan does not have a statutory fee schedule for attorney or executor fees based on a percentage of the estate. Instead, fees must be "reasonable" based on the services performed, time spent, and complexity of the case.
This guide provides an informational overview of the Branch 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
Branch County Probate Court
Probate matters in Branch County are handled at the Branch County Courthouse.
Address: 31 Division St., Coldwater, MI 49036
Phone: 517-279-4318 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM (Courthouse doors close at 4:45 PM)
The Probate Court is located within the historic Branch County Courthouse in downtown Coldwater. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings. The Honorable Kirk Kashian serves as Probate Judge.
Parking and Access
Public parking is available in the lot on the east side of the building and along surrounding streets. Visitors must pass through security screening upon entering the courthouse; cell phones and weapons are generally prohibited.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition and Order for Assignment (Small Estate): If the estate is valued at $53,000 or less (2026 limit) after funeral and burial expenses, 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 (adjusted annually), a successor can present a sworn affidavit to holders of personal property (like banks) to collect assets 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 Branch County Probate Court. Include:
- Petition for Probate (PC 559)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175.00)
- Testimony to Identify Heirs (PC 565)
Branch County may allow or require e-filing for certain case types; check with the court clerk for current protocols.
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 in a newspaper of general circulation in Branch County (such as The Daily Reporter) if the address of any interested person is unknown, or to notify unknown creditors.
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 a 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
Branch County-Specific Procedures
- Inventory Fee: Michigan courts charge a gross estate inventory fee based on the value of assets. This must be paid before the estate can be closed.
- Publication: Notice to creditors is typically published in The Daily Reporter or Detroit Legal News (if applicable to the county).
- Local Forms: While Branch County uses standard Michigan SCAO forms, they may have specific cover sheets or checklists available at the court counter.
Always check with the probate register for any temporary administrative orders or changes to filing procedures.
Timeline & Fees
Filing Fees (Branch County)
- Petition for Probate: approximately $175.00 ($150 filing fee + $25 electronic system fee)
- Small Estate (Petition for Assignment): approximately $25.00 + Inventory Fee
- Certified copies of Letters: approximately $10.00 + $1.00 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., ~$100 for a $50k estate, scaling up)
Michigan law requires "reasonable" attorney and personal representative fees; there is no fixed statutory percentage.
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 (no disputes, limited assets): 5-7 months (minimum 5 months due to creditor period)
- Average estates: 7-12 months
- Complex or contested estates: 12 months to 2+ years
The 4-month creditor claim period is a mandatory minimum wait time before the estate can be fully closed.
Local Resources
Branch County Court Resources
- Court Website: branchcounty.gov
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan: (800) 968-1442 — Lawyer Referral Service
- Legal Services of South Central Michigan: (269) 965-3951 — Legal Aid
- Branch County Bar Association: Contact local court for roster
Publication
- The Daily Reporter: (517) 278-2301 — Local newspaper for legal notices