Overview
Clare County is located in Michigan with a population of approximately 30,856. The Clare 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 of Authority for testate estates or Letters of Administration for intestate estates.
Michigan offers simplified procedures for small estates. For decedents dying in 2026, if the gross estate value is $53,000 or less (adjusted annually for cost of living), you may be able to use a Petition and Order for Assignment (Form PC 556).
The personal representative is entitled to reasonable compensation. 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 Clare 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
Clare County Probate Court
Probate matters in Clare County are handled at the Clare County Courthouse.
Address: 225 W. Main St., Harrison, MI 48625
Phone: (989) 539-7109 (Probate/Family Court)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is presided over by the Hon. Marcy A. Klaus. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Free parking is generally available in the courthouse parking lot and on surrounding streets in downtown Harrison. Visitors should 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:
- Small Estate Petition and Order for Assignment: For estates valued at $53,000 or less (2026 limit), you can file a simplified petition to assign assets directly to heirs or creditors.
- Transfer by Affidavit: For estates valued at $53,000 or less (2026 limit) with no real property, you may be able to collect assets using a sworn affidavit after a waiting period.
- 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 (Form PC 559) with the Clare County Probate Court. Include:
- Testimony to Identify Heirs (Form PC 565)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175 plus $25 electronic filing system fee, if applicable)
- Supplemental Personal Representative Information
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 Clare County (such as the Clare County Cleaver) if the address of an interested person is unknown or to notify unknown creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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:
- Notify creditors by publishing a Notice to Creditors and mailing it to known creditors (creditors have 4 months to file 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
Clare County-Specific Procedures
- Forms: The court utilizes standard State Court Administrative Office (SCAO) forms.
- Inventory Fee: A gross estate inventory 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 Clare County Cleaver.
- Local Rules: Check with the probate register for any specific local filing requirements regarding copies or exhibit formatting.
Timeline & Fees
Filing Fees (Clare County)
- Petition for Probate: approximately $175
- Electronic Filing System Fee: $25 (assessed on civil actions)
- Certified copies of Letters: $10 for certification + $1 per page
- Small Estate (Petition for Assignment): $25 + Inventory Fee
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., $138 for a $50,000 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): 5-7 months (minimum 4 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Factors affecting the timeline include the sale of real estate, creditor disputes, and tax filing requirements.
Local Resources
Clare County Court Resources
- Court Website: clareco.net/department/courts
- 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 free legal assistance to eligible low-income residents.
Publication
- Clare County Cleaver: (989) 539-7496 — clarecountycleaver.net