Overview
Delta County is located in Michigan with a population of approximately 36,687. The Delta 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 simplified procedures for small estates. For decedents dying in 2026, if the estate value is $53,000 or less (adjusted annually for cost of living), you may qualify for a small estate assignment (Petition and Order for Assignment).
Michigan does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be reasonable and are subject to court review.
This guide provides an informational overview of the Delta 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
Delta County Probate Court
Probate matters in Delta County are handled at the Delta County Courthouse.
Address: 310 Ludington St., Escanaba, MI 49829
Phone: (906) 789-5112 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is presided over by Judge Perry Lund. The Probate Court Administrator is Lindsey LaMarch. The court is located in the main county building in downtown Escanaba.
Parking and Access
Street parking is generally available around the courthouse on Ludington Street and adjacent side streets. There is also a public parking lot near the county building. Visitors should be prepared for security screening upon entering the courthouse.
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 (for 2026 deaths), you may file a simplified petition.
- Transfer by Affidavit: For estates valued at $27,000 or less (subject to annual adjustment), a successor may be able to 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 probate is needed, file a Petition for Probate and/or Appointment of Personal Representative (Form PC 559) with the Delta County Probate Court. Include:
- Petition for Probate (PC 559)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175)
- Testimony to Identify Heirs (PC 565)
Delta County utilizes the MiFILE electronic filing system for many court documents.
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 Delta County (such as the Daily Press) for one time if the address of an interested person is unknown.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically a few 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 notice to creditors (claims period is 4 months)
- 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 the estate is open longer than one year, or a Sworn Statement to Close Unsupervised Administration when finished.
Local Requirements
Delta County-Specific Procedures
- E-filing: Delta County participates in the Michigan MiFILE system. Check with the court for mandatory e-filing requirements for attorneys.
- Inventory Fee: A statutory inventory fee based on the value of the estate must be paid before the estate can be closed.
- Publication: Notice to creditors is typically published in the Daily Press (Escanaba).
- Mediation: The court may refer contested matters to mediation.
Always check with the probate register for the most current local administrative orders.
Timeline & Fees
Filing Fees (Delta County)
- Petition for Probate: approximately $175
- Small Estate Petition: approximately $25 plus inventory fee
- Certified copies of Letters: approximately $12 ($10 for certification + $1/page)
- Publication costs: approximately $200-$500 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., roughly $188 for a $100k estate)
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted via the MiFILE system or third-party processors with a convenience fee.
Estimated Timelines
- Simple estates (informal): 5-7 months
- Average estates: 7-12 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
Delta County Court Resources
- Court Website: deltacountymi.gov
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: Michigan Courts
Legal Aid and Attorney Referrals
- State Bar of Michigan: (800) 968-1442 — Lawyer Referral Service
- Legal Services of Northern Michigan: (906) 786-2303 — Escanaba Office
- Delta County Bar Association: Contact local court for directory
Publication
- Daily Press: (906) 786-2021 — Newspaper of general circulation in Escanaba