Overview
Luce County is located in Michigan with a population of approximately 6,300. The Luce 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 (net of liens and encumbrances) is $53,000 or less, you may qualify for a small estate assignment (Petition and Order for Assignment). There is also a procedure for transferring vehicles and wearing apparel/cash of $500 or less without full probate.
Michigan does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Fees must be "reasonable" based on the time spent, complexity, and results achieved.
This guide provides an informational overview of the Luce 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
Luce County Probate Court
Probate matters in Luce County are handled at the Luce County Courthouse.
Address: 407 W. Harrie St., Newberry, MI 49868
Phone: (906) 293-5601 (Probate Registrar)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Probate Court is located within the main county courthouse building. The court handles estates, trusts, guardianships, and conservatorships.
Parking and Access
Street parking is generally available around the courthouse and in nearby lots. The building is accessible to the public during court hours. Security screening may be required upon entry.
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 (2026 limit), you may file a simplified petition.
- Transfer by Affidavit: For estates under the small estate threshold, a sworn statement can sometimes be used to collect assets after 28 days.
- 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 Luce 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; check with the court clerk for current digital submission options.
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 Luce County (such as The Newberry News) for 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 Notice to Creditors (if not already done) 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 the estate is open longer than one year, or a Sworn Statement to Close Unsupervised Administration when finished
Local Requirements
Luce 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 Newberry News.
- Local Forms: While the court accepts standard SCAO forms, always check with the Probate Registrar for any county-specific cover sheets or requirements.
The court encourages calling the Probate Registrar at (906) 293-5601 for specific filing questions.
Timeline & Fees
Filing Fees (Luce County)
- Petition for Probate: approximately $175
- Small Estate Petition: approximately $25
- Certified copies of Letters: approximately $10 + $1 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., ~$188 for a $100k estate)
Michigan law allows for reasonable attorney and personal representative fees, typically billed hourly.
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
- Average estates: 7-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months to file claims after publication, which sets a minimum duration for most formal estates.
Local Resources
Luce County Court Resources
- Court Website: lucecountymi.com/probate-court
- 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 — Legal Aid
- Luce County Bar Association: Contact local court for roster
Publication
- The Newberry News: (906) 293-8401 — mynewberrynews.com