Overview
Eaton County is located in Michigan with a population of approximately 109,175. The Eaton 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 Authority for intestate estates.
Michigan offers simplified procedures for small estates. For decedents dying in 2025, an estate valued at $51,000 or less (adjusted annually for inflation) may qualify for a simplified "Petition and Order for Assignment" process. There is also a summary administration option if the estate value does not exceed the homestead allowance, family allowance, exempt property, and costs of administration.
Michigan probate courts charge an Inventory Fee based on the value of the estate's assets. This fee must be calculated and paid within one year of the personal representative's appointment or before the estate is closed, whichever is earlier.
This guide provides an informational overview of the Eaton 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
Eaton County Probate Court
Probate matters in Eaton County are handled at the Eaton County Courthouse.
Address: 1045 Independence Blvd, Charlotte, MI 48813
Phone: (517) 543-4185
Hours: Monday through Friday, 8:30 AM to 12:00 PM and 1:00 PM to 4:30 PM
The Probate Court is located in the main courthouse complex in Charlotte. It handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse building. Visitors must pass through security screening upon entry; cell phones may be restricted or required to be silenced in courtrooms.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Petition (Petition and Order for Assignment): If the estate is valued at $51,000 or less (2025 limit, adjusted annually), you may file a simplified petition to assign assets directly to heirs or those who paid funeral expenses.
- Transfer by Affidavit: For very small estates (under $27,000 adjusted for inflation) with no real property, a sworn statement may suffice to collect assets.
- 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 Eaton 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)
E-filing may be available for certain case types; check with the court clerk for current digital submission options.
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 specific statutory timelines (often 14 days before a hearing).
- Publish notice to creditors in a newspaper of general circulation in Eaton County, such as The County Journal, 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. Informal probate is processed administratively by the probate register without a hearing if all paperwork is in order.
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 and pay the Inventory Fee within 91 days.
- 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 Unsupervised Administration to close the estate.
Local Requirements
Eaton County-Specific Procedures
- Inventory Fee: This is a unique Michigan requirement calculated based on the estate's value. It must be paid before the estate can be closed.
- Publication: Notice to creditors is typically published in The County Journal or Lansing State Journal.
- Case Type: Michigan distinguishes between "Independent" (Informal) and "Supervised" (Formal) administration. Most estates proceed informally unless there is a dispute.
- Legal News: The County Journal is the commonly used publication for legal notices in Eaton County.
Always check with the Probate Register for the most current local court rules and filing requirements.
Timeline & Fees
Filing Fees (Eaton County)
- Petition for Probate: approximately $175
- Small Estate Petition: approximately $25 (plus inventory fee if applicable)
- Certified copies of Letters: approximately $12 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Calculated based on estate value (e.g., roughly $188 for a $100k estate, varies by statute)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 5-7 months
- Average estates: 7-12 months
- Complex or contested estates: 1 year or more
The creditor claim period in Michigan is 4 months from the date of publication, which sets a minimum duration for most estates.
Local Resources
Eaton County Court Resources
- Court Website: https://www.eatoncounty.org/451/Probate-Court
- Probate Self-Help: https://michiganlegalhelp.org/self-help-tools/wills-and-life-planning
- Michigan Probate Forms: https://www.courts.michigan.gov/SCAO-forms/
Legal Aid and Attorney Referrals
- Eaton County Bar Association: Contact local attorneys directly.
- Legal Services of South Central Michigan: (517) 394-3121 — Low-income legal assistance.
- State Bar of Michigan Lawyer Referral: https://lrs.michbar.org/
Publication
- The County Journal: (517) 543-1099 — Common for probate notices.
- Lansing State Journal: (517) 377-1000 — Regional circulation.