Overview
Ogemaw County is located in Michigan with a population of approximately 21,000. The Ogemaw 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) 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 value is $53,000 or less, you may qualify for a Petition and Order for Assignment (Small Estate). Alternatively, a Transfer by Affidavit may be used for estates valued at $53,000 or less without court involvement, provided 28 days have passed since death.
Michigan does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on services rendered.
This guide provides an informational overview of the Ogemaw 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
Ogemaw County Probate Court
Probate matters in Ogemaw County are handled at the Ogemaw County Building.
Address: 806 West Houghton Ave., West Branch, MI 48661
Phone: (989) 345-0145 (Probate Court)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located within the Ogemaw County Building. It handles decedent estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Public parking is available on South Eighth Street near the county building. The building is accessible to the public during standard business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition for Assignment (Small Estate): If the estate is valued at $53,000 or less (for 2026 deaths), you may file a simplified petition.
- Transfer by Affidavit: If the estate is valued at $53,000 or less, you may be able to collect assets by affidavit after 28 days without opening a court file.
- 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 and/or Appointment of Personal Representative (Form PC 559) with the Ogemaw County Probate Court. Include:
- Petition for Probate (PC 559)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($175 plus $25 electronic filing system fee)
- Testimony to Identify Heirs (PC 565)
E-filing may be available or required for certain case types; check with the court clerk for current protocols.
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 Ogemaw County (such as the Ogemaw County Herald) 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 a few 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 a 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 complete
Local Requirements
Ogemaw County-Specific Procedures
- Inventory Fee: A state-mandated inventory fee (often called a "gross estate fee") must be paid based on the value of the estate assets. This is calculated by the court.
- Publication: Notice to creditors is typically published in the Ogemaw County Herald.
- Local Forms: While Michigan uses standard SCAO forms, the court may have specific preferences for how documents are presented or bundled.
Always check with the probate register for the most current local administrative orders.
Timeline & Fees
Filing Fees (Ogemaw County)
- Petition for Probate: approximately $175 filing fee + $25 electronic filing fee
- Small Estate Petition: approximately $25 filing fee + inventory fee
- Certified copies of Letters: approximately $12 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Inventory Fee: Varies based on the value of the estate
Payment Methods
The court typically accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 5-7 months
- Average estates: 7-12 months
- Complex or contested estates: 12 months to 2+ years
Creditors have 4 months to file claims after publication, which sets a minimum baseline for the process.
Local Resources
Ogemaw County Court Resources
- Court Website: ocmi.us/probate
- Probate Self-Help: Michigan Legal Help
- Michigan Probate Forms: SCAO Probate Court Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
- Legal Services of Eastern Michigan: (800) 322-4512 — Provides legal assistance to low-income individuals.
Publication
- Ogemaw County Herald: (989) 345-0044 — General circulation newspaper for probate notices.