Overview
Macomb County is the third-most-populous county in Michigan, located northeast of Detroit along the shores of Lake St. Clair. The county includes cities such as Warren, Sterling Heights, and the county seat of Mt. Clemens. The Macomb County Probate Court handles estate administration and related matters under Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq.
Macomb County residents have access to all probate pathways available under Michigan law: informal probate (application to the Probate Register, no hearing), formal probate (petition with court hearing), supervised or unsupervised administration, and small estate procedures for estates valued at $25,000 or less after liens. The court is located on North Main Street in Mt. Clemens and serves a growing population across 27 townships and cities.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Macomb County Probate Court or a qualified attorney.
Courthouse Information
Macomb County Probate Court
The Macomb County Probate Court is located in downtown Mt. Clemens, the county seat.
Address: 40 N. Main Street, Mt. Clemens, MI 48043
Phone: (586) 469-5520
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Macomb County Probate Court handles decedent estates, guardianships, conservatorships, and mental health matters. The Probate Register is available to process informal probate applications and answer filing questions.
Parking and Access
Public parking is available in nearby lots and on-street metered parking in downtown Mt. Clemens. The courthouse is accessible by SMART bus. Visitors should plan for security screening at the entrance.
Filing Process
Step 1: Choose the Probate Pathway
Determine the appropriate filing for your situation:
- Informal Probate: Application to the Probate Register for uncontested estates. No hearing required.
- Formal Probate: Petition to the court when there are disputes or questions about the will. A hearing is scheduled.
- Unsupervised Administration: Personal representative manages the estate independently (the default).
- Supervised Administration: Court oversight of all estate actions and distributions.
- Small Estate Affidavit: For estates valued at $25,000 or less after liens, available 28 days after death.
Step 2: Prepare and File the Application or Petition
Gather required documents:
- Application for Informal Probate (PC 558) or Petition for Probate (PC 556)
- Original will (if applicable)
- Certified death certificate
- Filing fee (approximately $175)
- Testimony to Identify Heirs (PC 565)
- Acceptance of Appointment (PC 572)
File at the Macomb County Probate Court in person or through MiFILE where accepted.
Step 3: Provide Notice
Send Notice of Appointment and Duties to all interested persons. Publish a Notice to Creditors once per week for three successive weeks in a newspaper with general circulation in Macomb County.
Step 4: Inventory, Administration, and Closing
File an Inventory within 91 days of appointment. Pay valid debts, manage assets, file tax returns, and distribute to beneficiaries. Close the estate with a Sworn Statement (PC 591) or Petition for Complete Estate Settlement (PC 592).
Local Requirements
Macomb County-Specific Procedures
- MiFILE e-filing may be available for certain probate filings. Confirm accepted filing types with the court.
- Publication of Notice to Creditors must appear in a newspaper with general circulation in Macomb County for three successive weeks.
- Inventory due within 91 days of the personal representative's appointment.
- Bond requirements follow EPIC guidelines. Bond is typically waived in unsupervised administration when the will waives it.
- Letters of Authority are issued upon appointment.
Family Protections Under EPIC
- Homestead Allowance: Approximately $24,000 for the surviving spouse.
- Family Allowance: Up to approximately $28,000 for the surviving spouse and minor children.
- Exempt Property: Approximately $15,000 in personal effects and household items.
These allowances take priority over creditor claims and are available regardless of whether there is a will.
Independent Administration
Macomb County follows Michigan's default of unsupervised administration. The personal representative has broad authority to manage estate assets without seeking court approval for individual transactions, unless supervised administration is ordered.
Timeline & Fees
Filing Fees (Macomb County)
- Petition/Application for Probate: approximately $175
- Publication of Notice to Creditors: approximately $80-$175 (varies by newspaper)
- Certified copies of Letters of Authority: approximately $10 each
Fees are set by Michigan statute and the Macomb County Probate Court. Contact the court for the current fee schedule.
Payment Methods
Contact the court at (586) 469-5520 for accepted payment methods.
Estimated Timelines
- Simple estates (unsupervised, no disputes): 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
The minimum timeline is three weeks of creditor publication plus four months for claims.
Local Resources
Macomb County Probate Court Resources
- Court Website: macombgov.org/courts-probate
- MiFILE E-Filing: mifile.courts.michigan.gov
- Michigan Probate Forms: courts.michigan.gov/forms
- Michigan Legal Help: michiganlegalhelp.org
Legal Aid and Attorney Referrals
- Michigan Legal Help: Free self-help resources for probate
- Lakeshore Legal Aid: (888) 783-8190 — serves Macomb County residents
- State Bar of Michigan Lawyer Referral Service: (800) 968-0738
- Macomb County Bar Association: Offers attorney referrals
Publication
Newspapers with general circulation in Macomb County include the Macomb Daily and other local publications. Contact the court clerk for current guidance on acceptable publications.