Overview
Oakland County is the second-most-populous county in Michigan, encompassing affluent suburbs north of Detroit including Troy, Rochester Hills, Farmington Hills, and Bloomfield. The Oakland County Probate Court handles all estate matters governed by Michigan's Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq.
Michigan provides multiple probate pathways. Oakland County residents may pursue informal probate (application to the Probate Register without a hearing), formal probate (petition with a court hearing), supervised or unsupervised administration, or a small estate affidavit for estates valued at $25,000 or less after liens and encumbrances.
The Oakland County Probate Court is located on North Telegraph Road in Pontiac, the county seat. The court is well-resourced and handles a high volume of estate filings reflecting the county's large and diverse population.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Oakland County Probate Court or a qualified attorney.
Courthouse Information
Oakland County Probate Court
The Oakland County Probate Court is located in the Oakland County courthouse complex in Pontiac.
Address: 1200 N. Telegraph Road, Pontiac, MI 48341
Phone: (248) 858-0260
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Oakland County Probate Court has multiple judges handling estate, guardianship, conservatorship, and mental health matters. The court's estate division assists with filing questions and form requirements.
Parking and Access
Free parking is available at the courthouse complex. The building is accessible via SMART bus routes. Visitors should allow time for security screening at the entrance.
Filing Process
Step 1: Determine the Probate Pathway
Choose the appropriate filing for your situation:
- Informal Probate: File an application with the Probate Register. No hearing is required. The Register reviews the application and, if everything is in order, admits the will and appoints the personal representative.
- Formal Probate: File a petition with the court when there are disputes, questions about the will, or when an interested party demands it. A hearing is scheduled before a judge.
- Unsupervised Administration: The default in Michigan. The personal representative manages the estate independently.
- Supervised Administration: Court oversight of all actions. Required when the court orders it or an interested party requests it.
- Small Estate (under $25,000): Use an Assignment of Estate Assets or small estate affidavit after 28 days from death.
Step 2: Prepare and File
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)
- List of interested persons with addresses
File at the Oakland County Probate Court in person or through MiFILE where available.
Step 3: Notice Requirements
After appointment, 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 circulated in Oakland County.
Step 4: Inventory and Administration
File an Inventory (PC 577) within 91 days of appointment. Manage assets, pay valid debts, file tax returns, and prepare for distribution.
Step 5: Close the Estate
File a Sworn Statement to Close Unsupervised Administration (PC 591) or, for supervised administration, a Petition for Complete Estate Settlement (PC 592).
Local Requirements
Oakland County-Specific Procedures
- MiFILE e-filing is available for various probate filings. Check the Oakland County Probate Court website for accepted filing types.
- Publication of Notice to Creditors must be in a newspaper with general circulation in Oakland County for three successive weeks.
- Bond may be required depending on the type of administration and whether the will waives bond. Unsupervised administration with bond waiver in the will typically does not require a bond.
- Inventory is due within 91 days of appointment.
- Letters of Authority are issued upon appointment and must be presented to financial institutions and other parties to act on behalf of the estate.
Family Protections Under EPIC
Michigan law provides protections for surviving family members that apply in Oakland County:
- Homestead Allowance: Approximately $24,000 for the surviving spouse (or minor/dependent children if no surviving spouse).
- Family Allowance: Up to approximately $28,000 for the surviving spouse and minor children during administration.
- Exempt Property: Approximately $15,000 in household items and personal effects beyond the homestead allowance.
These allowances have priority over creditor claims and are available regardless of whether there is a will.
Bond Requirements
Oakland County Probate Court follows EPIC guidelines for bond. Bond is waived when:
- The will expressly waives bond, or
- The court finds bond unnecessary in informal proceedings
For intestate estates, bond is generally required unless all interested persons consent to a waiver.
Timeline & Fees
Filing Fees (Oakland County)
- Petition/Application for Probate: approximately $175
- Publication of Notice to Creditors: approximately $100-$200 (varies by newspaper)
- Certified copies of Letters of Authority: approximately $10 each
- Filing inventory: included in initial fee
Fees are established by Michigan statute and the Oakland County Probate Court. Contact the court for the current fee schedule.
Payment Methods
The court accepts cash, checks, and money orders. Contact the court about credit/debit card availability and any processing fees.
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 includes three weeks of publication for creditor notice plus four months for creditors to present claims.
Local Resources
Oakland County Probate Court Resources
- Court Website: oakgov.com/courts/probate
- MiFILE E-Filing: mifile.courts.michigan.gov
- Michigan Probate Forms: courts.michigan.gov/forms
- Michigan Legal Help - Probate: michiganlegalhelp.org
Legal Aid and Attorney Referrals
- Michigan Legal Help: michiganlegalhelp.org — free self-help resources
- Legal Aid of Western Michigan (Oakland County office): provides assistance to qualifying individuals
- State Bar of Michigan Lawyer Referral Service: (800) 968-0738
- Oakland County Bar Association: (248) 334-3400
Publication
Newspapers with general circulation in Oakland County include the Oakland Press, Oakland County Legal News, and various community newspapers. Contact the court clerk for current guidance.