Where do I file for probate in Marquette County?

File at the Marquette County Probate Court, located in the Courthouse Annex at 234 W. Baraga Ave., Marquette, MI 49855.

How much does probate cost in Marquette County?

The filing fee to open an estate is $175. You must also pay an Inventory Fee based on the value of the estate assets, plus publication costs (~$150) and certified copy fees.

Can I avoid probate in Marquette County with a small estate?

Yes. For 2026, if the estate is worth $53,000 or less, you can file a 'Petition and Order for Assignment'. If it's under $27,000 and has no real estate, you might use a 'Transfer by Affidavit' without going to court.

How long does probate take in Marquette County?

Informal probate takes at least 5 months because of the mandatory 4-month creditor notice period. Most simple estates are wrapped up in 7-9 months.

Do I need an attorney for probate in Marquette County?

Michigan law does not require an attorney, and the court staff can provide forms. However, for formal probate or contested matters, hiring an attorney is highly recommended.

What is the Inventory Fee?

It is a fee paid to the probate court based on the total value of the estate's assets. It acts like a tax on the estate and must be paid before the estate can be closed.

Marquette County Probate Guide: Courts, Fees & Process (2026)

Overview

Marquette County is located in Michigan with a population of approximately 66,017. The Marquette 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 (Form PC 559) or Application for Informal Probate (Form PC 558) 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 2026, if the estate is valued at $53,000 or less (adjusted annually for cost of living), you may file a Petition and Order for Assignment (Form PC 556). There is also a Transfer by Affidavit process for estates valued at $27,000 or less (2026 estimate) that does not require court filing.

Michigan has a unique Inventory Fee (often called a probate tax) based on the value of the estate's assets. This fee must be paid before the estate can be closed.

This guide provides an informational overview of the Marquette 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

Marquette County Probate Court

Probate matters in Marquette County are handled at the Marquette County Courthouse Annex.

Address: 234 W. Baraga Ave., Marquette, MI 49855

Phone: (906) 225-8300 (Probate Court Office)

Hours: Monday through Friday, 8:00 AM to 5:00 PM

The Probate Court is located in the Courthouse Annex. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.

Parking and Access

Public parking is available in the lot adjacent to the Courthouse Annex and along W. Baraga Avenue. Visitors must pass through security screening upon entering the building.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Petition and Order for Assignment: If the estate is valued at $53,000 or less (2026 limit), you can use this simplified court procedure.
Transfer by Affidavit: If the estate is valued at $27,000 or less (2026 limit) and includes no real property, you may be able to collect assets via affidavit after a 28-day waiting period.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal or informal probate is needed, file the appropriate forms with the Marquette County Probate Court. Common forms include:

Application for Informal Probate (PC 558) or Petition for Probate (PC 559)
Testimony to Identify Heirs (PC 565)
Supplemental Testimony (PC 566)
Original will and codicils (if any)
Certified death certificate
Filing fee ($175)

Marquette County may allow filing by mail or in person. Check with the court for current e-filing availability via MiFILE.

Step 3: Provide Notice

After filing, you must:

Mail notice (Notice of Hearing or Notice of Appointment) to all heirs, beneficiaries, and interested parties.
Publish notice in a newspaper of general circulation in Marquette County (e.g., The Mining Journal) if the address of any interested person is unknown or to notify unknown creditors.

Step 4: Attend the Hearing

For formal probate, the court will schedule a hearing. For informal probate, the Probate Register may process the application without a hearing if all paperwork is in order. Once approved, the court issues Letters of Authority.

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 within 91 days.
Pay the Inventory Fee to the probate court based on the estate's value.
Pay valid creditor claims and taxes.
Distribute assets to beneficiaries.
File a Notice of Continued Administration if the estate is open longer than a year, or file a Sworn Statement to Close to conclude the matter.

Local Requirements

Marquette County-Specific Procedures

Inventory Fee: Michigan law requires an inventory fee to be paid to the probate court. This is calculated based on the value of the estate assets. You can calculate this on the court's website or via the state fee schedule.
Publication: Notice to creditors is typically published in The Mining Journal, which is the primary newspaper of general circulation in the county.
Mediation: The court may refer contested matters to mediation.
Local Forms: While Michigan uses statewide SCAO forms, always check with the Probate Register for any county-specific cover sheets or procedural requirements.

Timeline & Fees

Filing Fees (Marquette County)

Petition/Application for Probate: $175.00
Small Estate (Petition for Assignment): $25.00 + Inventory Fee
Certified copies of Letters: $12.00 certification + $1.00 per page
Inventory Fee: Varies by estate value (e.g., ~$188 for a $100k estate; scales up).
Publication costs: Approximately $100-$200 depending on the newspaper and length of notice.

Payment Methods

The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with an additional convenience fee.

Estimated Timelines

Informal Probate (uncontested): 5-7 months minimum (due to 4-month creditor period).
Average estates: 9-12 months.
Complex or contested estates: 12 months to 2+ years.

The timeline is heavily influenced by the 4-month creditor claim period which must expire before the estate can be closed.

Local Resources

Marquette County Court Resources

Court Website: co.marquette.mi.us
Probate Self-Help: Michigan Legal Help
State Probate Forms: SCAO Probate Court Forms

Legal Aid and Attorney Referrals

Marquette County Bar Association: Contact local court for referral list.
Legal Services of Northern Michigan: (906) 228-5620 — Low-income legal assistance.
State Bar of Michigan Lawyer Referral: lrs.michbar.org

Publication

The Mining Journal: (906) 228-2500 — miningjournal.net

Probate in Marquette County, Michigan: 2026 Guide