Overview
Mackinac County is located in Michigan with a population of approximately 11,144. The Mackinac 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 probate for small estates. For decedents dying in 2025, if the estate value is $51,000 or less (adjusted annually), you may qualify for a small estate assignment (Petition and Order for Assignment, Form PC 556).
Michigan law allows for reasonable attorney and personal representative fees, often based on hourly rates or a schedule agreed upon by the parties, rather than a strict statutory percentage.
This guide provides an informational overview of the Mackinac 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
Mackinac County Probate Court
Probate matters in Mackinac County are handled at the Mackinac County Courthouse.
Address: 100 S. Marley, St. Ignace, MI 49781
Phone: (906) 643-7303 (Probate Register)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (Closed 12:00 PM - 1:00 PM)
The Probate Court is located on the first floor of the historic Mackinac County Courthouse.
Parking and Access
A dedicated public parking lot is available directly across S. Marley Street from the courthouse. The building is accessible, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Assignment: If the estate is valued at $51,000 or less (2025 limit, adjusted annually) after funeral and burial expenses.
- Transfer by Affidavit: For estates valued at $27,000 or less (adjusted annually), personal property may be transferred via affidavit 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 (PC 559) with the Mackinac County Probate Court. Include:
- Completed Petition (PC 559)
- Original Will and Codicils (if testate)
- Certified Death Certificate
- $175 filing fee (plus $25 electronic filing fee)
- Testimony to Identify Heirs (PC 565)
Mackinac County participates in the MiFILE e-filing system.
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 Mackinac County for one time (if address unknown) or as required by specific statute; typically notice to creditors is published once.
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 Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors (PC 574) in a local newspaper. The creditor claim period is 4 months from the date of publication.
- 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 final accounting and petition for discharge
Local Requirements
Mackinac County-Specific Procedures
- E-Filing: Mackinac County uses MiFILE for electronic filing of court documents.
- Inventory Fee: An inventory fee based on the value of the estate must be paid before the estate can be closed.
- Case Management: The court may schedule status conferences to ensure the estate is progressing.
- Publication: Notice must be published in a newspaper of general circulation in Mackinac County for one time (for Notice to Creditors).
Always check with the Probate Register for the most current local administrative orders.
Timeline & Fees
Filing Fees (Mackinac County)
- Petition for Probate: approximately $175
- Electronic Filing System Fee: approximately $25
- Certified copies of Letters: approximately $10 per certified copy (plus $1/page)
- Publication costs: approximately $100-$150 depending on the newspaper
- Inventory fee (varies by estate value)
Michigan does not have a statutory percentage fee schedule; fees must be "reasonable."
Payment Methods
The court accepts cash, checks, money orders, and credit cards (via MiFILE or counter). Credit card payments typically incur a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 4-month creditor claim period is a mandatory minimum wait time for closing.
Local Resources
Mackinac County Court Resources
- Court Website: mackinaccounty.net
- Probate Self-Help: Michigan Legal Help - Probate
- Michigan SCAO Forms: Searchable database of official court forms
Legal Aid and Attorney Referrals
- State Bar of Michigan: (800) 968-1442 — Lawyer Referral Service
- Legal Services of Northern Michigan: (906) 786-2303 — Provides legal assistance to low-income residents
- State Bar Lawyer Referral: lrs.michbar.org
Publication
- The St. Ignace News: (906) 643-9150 — Newspaper of general circulation in Mackinac County
- The Town Crier (Mackinac Island): (906) 847-3788 — Local island publication