Probate in Oakland County, Michigan: 2026 Guide

This guide is for educational purposes only and is not legal advice. Laws change frequently — verify current requirements with the Oakland County probate court or an attorney.

Last updated: February 13, 2026

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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

  • 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.

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County Forms

Michigan Probate Court Forms (PC Series)

Statewide standardized probate forms including applications for informal probate, petitions, inventories, and closing statements.

Oakland County Probate Court Information

Oakland County Probate Court information page with local procedures, contact information, and filing guidance.

Frequently Asked Questions

Where do I file for probate in Oakland County?
Probate petitions and applications are filed with the Oakland County Probate Court at 1200 N. Telegraph Road, Pontiac, MI 48341. You may also be able to file electronically through MiFILE. The court is open Monday through Friday, 8:00 AM to 4:30 PM. Call (248) 858-0260 for questions.
How much does it cost to file for probate in Oakland County?
The filing fee for opening a probate estate in Oakland County is approximately $175. Publication of the Notice to Creditors adds approximately $100 to $200 depending on the newspaper. Certified copies of Letters of Authority cost approximately $10 each. Total initial costs typically range from $275 to $400.
How long does probate take in Oakland County?
Simple, uncontested estates in Oakland County typically take 7 to 12 months. Average estates take 12 to 18 months. Complex or contested estates can take several years. The minimum timeline is governed by three weeks of creditor publication plus a four-month claims period.
What is unsupervised administration in Oakland County?
Unsupervised administration is the default form of probate in Michigan, including Oakland County. The personal representative manages estate assets, pays debts, and distributes to beneficiaries without needing court approval for each step. The court is involved at the opening (appointment) and closing of the estate. Any interested person can request supervised administration if they believe oversight is needed.
Can I avoid probate for a small estate in Oakland County?
Yes. If the estate is valued at $25,000 or less after subtracting liens and encumbrances, you can use a small estate affidavit to collect assets without opening a probate case. You must wait at least 28 days after death. For estates that include real property, a probate filing is generally required regardless of the estate's value.
Do I need an attorney for probate in Oakland County?
Michigan law does not require an attorney for probate. Standardized court forms and resources from Michigan Legal Help are available to assist self-represented filers. However, an attorney is recommended for estates with real property, business interests, disputes, or complex tax situations. The State Bar of Michigan Lawyer Referral Service can be reached at (800) 968-0738. This guide is for informational purposes only and is not legal advice.
Is there a Michigan estate tax?
No. Michigan does not impose a state estate tax or inheritance tax. Estates may still be subject to federal estate tax if they exceed the federal exemption threshold. Consult a tax professional for guidance specific to your situation.
What family protections are available in Oakland County probate?
Michigan's EPIC provides a homestead allowance (approximately $24,000), family allowance (up to approximately $28,000), and exempt property allowance (approximately $15,000) for the surviving spouse and minor children. These allowances take priority over most creditor claims and are available regardless of whether there is a will. They are claimed through the Oakland County Probate Court.

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Informational guidance only — not legal advice

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Probate laws and local court rules in Oakland County, Michigan may change without notice. Consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.