Overview
Roscommon County is located in Michigan with a population of approximately 23,900. The Roscommon 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 (Form PC 559) 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 is $53,000 or less (adjusted annually for inflation), you may qualify for a small estate assignment (Petition and Order for Assignment). There is also a procedure for transferring vehicles and watercraft without probate if the total value is limited.
Michigan does not have a statutory fee schedule for attorney or executor fees based on a percentage of the estate. Instead, fees must be "reasonable" based on the time spent, complexity, and results achieved.
This guide provides an informational overview of the Roscommon 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
Roscommon County Probate Court
Probate matters in Roscommon County are handled at the Roscommon County Building and Courthouse.
Address: 500 Lake Street, Roscommon, MI 48653-7690
Phone: (989) 275-5221 (Probate Court)
Hours: Verify current hours with the court
The Probate Court is located within the main county building. It handles estates, guardianships, conservatorships, and mental health proceedings.
Parking and Access
Public parking is available around the courthouse, specifically off George Street by way of S 4th St. Street parking is also available in the surrounding Village of Roscommon area. Visitors 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:
- Small Estate Assignment: If the estate is valued at $53,000 or less (2026 limit), you may file a Petition and Order for Assignment (Form PC 556).
- Transfer by Affidavit: For very small estates (under $27,000 adjusted), a sworn statement may suffice to collect assets after 28 days.
- 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 (Form PC 559) with the Roscommon 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)
Michigan courts are increasingly moving toward e-filing; check with the court clerk for the current status of mandatory e-filing in Roscommon County.
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 Roscommon County (such as the Houghton Lake Resorter) if the address of an interested person is unknown or to notify unknown creditors. Publication typically runs for one insertion with a 4-month creditor claim period.
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 of appointment.
- Pay valid creditor claims and estate expenses.
- 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 a year, or a Sworn Statement to Close Unsupervised Administration when finished.
Local Requirements
Roscommon County-Specific Procedures
- Inventory Fee: Michigan charges a gross estate inventory fee based on the value of assets. This must be paid before the estate can be closed.
- Local Forms: While Michigan uses statewide SCAO forms, always check with the probate register for any county-specific cover sheets or procedural requirements.
- Publication: Notice to creditors is typically published in the Houghton Lake Resorter or Roscommon County Herald-News.
- Mediation: The court may refer contested matters to mediation.
Always verify the specific judge's preferences for proposed orders and hearing schedules.
Timeline & Fees
Filing Fees (Roscommon County)
- Petition for Probate: approximately $175 (+ $25 electronic system fee)
- Small Estate Petition: approximately $25
- Certified copies of Letters: approximately $10 + $1 per page
- Publication costs: approximately $100-$200 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 and are subject to court review if contested.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee (typically via a third-party service like AllPaid/GovPay).
Estimated Timelines
- Simple estates (informal, no disputes): 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 duration for most formal estates.
Local Resources
Roscommon County Court Resources
- Court Website: roscommoncounty.net
- Probate Self-Help: Michigan Legal Help
- State Probate Forms: SCAO Forms
Legal Aid and Attorney Referrals
- State Bar of Michigan Lawyer Referral: lrs.michbar.org
- Legal Services of Northern Michigan: (989) 356-9081 — Provides legal aid to eligible low-income residents.
Publication
- Houghton Lake Resorter: (989) 366-5341 — houghtonlakeresorter.com
- Roscommon County Herald-News: (989) 275-4200