Overview
Charlevoix County is located in Michigan with a population of approximately 26,054. The Charlevoix 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 an Application for Informal Probate and/or Appointment of Personal Representative (PC 558) for informal proceedings or a Petition for Probate and/or Appointment of Personal Representative (PC 559) for formal proceedings to admit the will and appoint a personal representative. The court then issues Letters of Authority for testate estates or intestate estates.
For smaller estates, Michigan offers a Petition for Assignment (PC 556) if the estate is valued at $53,000 or less (for decedents dying in 2026, adjusted annually). There is also a Transfer by Affidavit procedure for very small estates (under approximately $26,500) that does not require court filing.
Michigan law allows Personal Representatives to charge a "reasonable fee" for their services, though this is subject to court review if contested. Attorneys may also charge reasonable fees, often based on hourly rates.
This guide provides an informational overview of the Charlevoix 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
Charlevoix County Probate Court
Probate matters in Charlevoix County are handled at the Charlevoix County Building.
Address: 301 State St., Charlevoix, MI 49720
Phone: (231) 547-7214 (Probate Register)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located on the 2nd floor of the Charlevoix County Building. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Public parking is available in the lots surrounding the County Building and on nearby streets. 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 those who paid funeral expenses.
- Transfer by Affidavit: For estates valued at approximately $26,500 or less, a successor can present an affidavit to the holder of the property to claim it 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 an Application for Informal Probate (PC 558) or Petition for Probate (PC 559) with the Charlevoix County Probate Court. Include:
- Completed Application (PC 558) or Petition (PC 559)
- Original will and codicils (if any)
- Certified death certificate
- $175 filing fee
- Testimony to Identify Heirs (PC 565)
Charlevoix County participates in MiFILE for electronic filing, allowing documents to be submitted online.
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 Charlevoix County (such as the Charlevoix Courier) once, if the identity of creditors is unknown.
Step 4: Attend the Hearing
If formal probate is requested, 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 typically does not require a hearing before a judge.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish Notice to Creditors and allow 4 months for 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
Charlevoix County-Specific Procedures
- Inventory Fee: Must be paid within 91 days of appointment. The fee is calculated based on the value of the estate's assets. You can calculate this using the calculator on the court's website.
- E-filing: The court utilizes MiFILE for electronic filing of documents.
- Mediation: The court may refer contested probate matters to mediation to resolve disputes without a trial.
- Publication: Notice must be published in a newspaper of general circulation in Charlevoix County for one insertion to satisfy creditor notice requirements.
Always check with the Probate Register for the most current local administrative orders.
Timeline & Fees
Filing Fees (Charlevoix County)
- Petition for Probate: approximately $175
- Small Estate Petition (Assignment): approximately $25 + Inventory Fee
- Certified copies of Letters: approximately $10 + $1 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion Fee: approximately $20
Michigan does not have a statutory percentage fee for attorneys or executors; fees must be "reasonable" based on services rendered.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often via a third-party service with a convenience fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 5-7 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 duration for most estates.
Local Resources
Charlevoix County Court Resources
- Court Website: charlevoixcounty.org
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- Emmet-Charlevoix Bar Association: emmetcharlevoixbarassociation.com — Local legal community resources
- Legal Services of Northern Michigan: (231) 941-0771 — Legal aid for qualifying low-income residents
- State Bar Lawyer Referral: lrs.michbar.org
Publication
- Charlevoix Courier: (231) 547-4401 — Official newspaper for legal notices
- Petoskey News-Review: (231) 347-2544 — Regional circulation