Overview
Midland County is located in Michigan with a population of approximately 84,000. The Midland 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 (PC 559) or Application for Informal Probate (PC 558) 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 who died in 2026, if the estate value (less liens and encumbrances) does not exceed $53,000, you may be able to use the Transfer by Affidavit process or file a Petition and Order for Assignment (PC 556).
Michigan does not have a statutory fee schedule for attorney or executor fees; fees must be reasonable and are often based on hourly rates or the complexity of the estate.
This guide provides an informational overview of the Midland 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
Midland County Probate Court
Probate matters in Midland County are handled at the Midland County Courthouse.
Address: 301 W Main Street, Level B, Midland, MI 48640
Phone: (989) 832-6880 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located on Level B of the courthouse. The court handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Free public parking is available in the Riverside parking lot located behind the courthouse. Additional parking is available in the lot on the southeast corner of Michigan and Main Streets. 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:
- Transfer by Affidavit: If the estate is valued at $53,000 or less (for 2026 deaths) and includes no real property, you may be able to transfer assets by affidavit after 28 days.
- Petition and Order for Assignment: For small estates under the $53,000 threshold (2026), you can file a simplified petition with the court.
- 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 (PC 559) or Application for Informal Probate (PC 558) with the Midland County Probate Court. Include:
- Petition or Application (PC 559 or PC 558)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175)
- Testimony to Identify Heirs (PC 565)
Midland County participates in MiFILE, the state's electronic 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 Midland County (such as the Midland Daily News) if the address of an interested person is unknown or to notify 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
Midland County-Specific Procedures
- E-filing: Midland County uses the MiFILE system for electronic filing.
- Inventory Fee: A statutory inventory fee based on the value of the estate must be paid before the estate can be closed.
- Publication: Notice to creditors is typically published in the Midland Daily News.
- Hearings: Many probate matters in Midland County are handled informally by the Probate Register without a hearing, unless there is a dispute.
Always check with the Probate Register for the most current local court rules and filing requirements.
Timeline & Fees
Filing Fees (Midland County)
- Petition/Application fee: approximately $175 ($150 filing fee + $25 electronic filing fee)
- Small Estate (Assignment) fee: approximately $25 + inventory fee
- Certified copies of Letters: approximately $10 + $1 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on the value of the estate assets
Michigan does not set statutory percentage fees for attorneys or personal representatives; fees must be reasonable.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (informal, no disputes): 5-7 months
- Average estates: 7-12 months
- Complex or contested estates: 1 year or more
Creditors have 4 months from the date of publication to file claims, which sets a minimum timeline for closing most estates.
Local Resources
Midland County Court Resources
- Court Website: Midland County Probate Court
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- Midland County Bar Association: Contact local attorneys directly
- Legal Services of Eastern Michigan: (800) 322-4512 — Civil legal aid for low-income residents
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
Publication
- Midland Daily News: (989) 835-7171 — Newspaper of general circulation