Overview
Montcalm County is located in Michigan with a population of approximately 69,314. The Montcalm 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 an Application for Informal Probate and/or Appointment of Personal Representative (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 dying in 2026, if the estate value (net of liens) is $53,000 or less, you may be able to use a Petition for Assignment (PC 556). For deaths in 2025, the threshold is $51,000.
Michigan probate courts charge an Inventory Fee based on the value of the estate's assets. This fee must be calculated and paid before the estate can be closed.
This guide provides an informational overview of the Montcalm 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
Montcalm County Probate Court
Probate matters in Montcalm County are handled at the Montcalm County Court Complex.
Address: 625 N. State St., Stanton, MI 48888
Phone: 989-831-7316 (Probate Court Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Court is located in the Court Complex north of Stanton on M-66.
Parking and Access
The Court Complex shares a parking lot with the Montcalm County Sheriff's Office, offering ample free parking for visitors. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate (Petition for Assignment): If the estate is valued at $53,000 or less (for 2026 deaths), you may file a simplified petition.
- Transfer by Affidavit: For very small estates (under $27,000 indexed for inflation) with no real property, a sworn statement may suffice.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Probate and/or Appointment of Personal Representative (PC 558) with the Montcalm County Probate Court. Include:
- Application for Informal Probate (PC 558)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175)
- Testimony to Identify Heirs (PC 565)
Montcalm County accepts filings in person or by mail. Check with the court clerk for current e-filing availability.
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 Montcalm County (such as The Daily News) for one insertion if the address of an interested person is unknown, or to notify unknown 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 the Inventory Fee to the court
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Notice of Continued Administration if open longer than a year, or a Sworn Statement to Close Unsupervised Administration
Local Requirements
Montcalm County-Specific Procedures
- Inventory Fee: This fee is calculated based on the total value of the estate and must be paid before the estate can be closed.
- Local Forms: While Michigan uses standard SCAO forms, Montcalm County may have specific cover sheets or local instructions available on their website.
- Publication: Notice to Creditors is typically published in The Daily News (Greenville).
Always check the Montcalm County Probate Court website for the most up-to-date local court rules.
Timeline & Fees
Filing Fees (Montcalm County)
- Application for Informal Probate: approximately $175 ($150 filing fee + $25 electronic system fee)
- Small Estate Petition (Assignment): $25 filing fee + inventory fee
- Certified copies of Letters: $10 certification fee + $1 per page
- Publication costs: approximately $150-$250 depending on the newspaper
- Inventory Fee: Varies based on estate value (e.g., ~$188 for a $100k estate)
Michigan does not have a statutory percentage fee for attorneys or personal representatives; fees must be "reasonable" based on services rendered.
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): 7-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 4 months to file claims after publication, which sets the minimum timeline for closing an estate.
Local Resources
Montcalm County Court Resources
- Court Website: montcalm.us
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan: (800) 968-1442 — Lawyer Referral Service
- Legal Aid of Western Michigan: (616) 774-0672 — Provides legal assistance to low-income residents
- Montcalm County Bar Association: Contact local court for directory
Publication
- The Daily News (Greenville): (616) 754-9301 — thedailynews.cc