Oakland County Probate Court

Estates for people who lived in Oakland County are handled by the Oakland County Probate Court at the courthouse campus in Pontiac. The court has moved most of its work online, which changes what a first-time filer should expect: you generally cannot simply walk in with a stack of papers anymore.

Where the court is

Filing is electronic

Oakland County is an e-filing court. Under Michigan Court Rule 1.109(G)(3)(f), filers are required to submit probate documents electronically through MiFILE, and the court largely no longer accepts filings in person, by fax, or by mail. A MiFILE account is free to create.

A handful of matters are still handled outside e-filing, including emergency mental health transport petitions, petitions and orders for assignment, the deposit of original wills, and payment of the inventory gross estate fee. If you do not have the ability to e-file from home or an office, the court maintains an e-service room for public use.

Filings submitted before 11:59 p.m. are generally treated as filed that business day; submissions after that on a Friday, over a weekend, or on a holiday are accepted the next business day. Documents are reviewed, and incomplete or unsigned submissions are rejected , so confirm every form is complete, signed, and every required box checked before you submit.

What the court handles

• decedents' estates, testate and intestate;
• guardianships and conservatorships, including for developmentally disabled adults;
• mental health proceedings;
• trust matters and protective proceedings.

Opening an estate in Oakland County

Uncontested estates are typically opened informally, which results in unsupervised administration. The package usually includes the application for informal probate and appointment of a personal representative, the acceptance of appointment, the protected personal information addendum, and a certified death certificate showing an Oakland County residence.

• the filing fee to commence an estate is $175;
• letters of authority cost $12 each;
• an inventory (gross estate) fee is calculated on the value of the estate;
• a fee waiver may be requested on form MC 20 where the filer cannot afford the costs.

Timing and cost

A simple Oakland County estate can close in a few months. Where a home must be cleared and sold, six to twelve months is the realistic planning number. Notice to creditors starts a window during which claims may be presented, and the estate generally waits out that period before final distribution. Because the inventory fee rises with the value of the assets passing through probate, the size of the estate drives a meaningful share of the total cost.

Situations we see most often

Adult children in other states

E-filing has made this easier, but someone still has to be appointed before accounts can be accessed and the house can be handled. Distance does not change the requirement.

Second marriages

Where a surviving spouse and children from a prior relationship both have claims, an out-of-date plan creates friction the court has to resolve. This is the situation a trust with staggered distributions is built for.

Old accounts with stale beneficiary forms

A retirement account or life insurance policy pays the person named on the form, not the person named in the will. Reviewing those designations is free and prevents a great deal of heartbreak.

How we help Oakland County families

Attorney Badri Yono Jr. of Foster Swift Collins & Smith, P.C. works with families throughout Michigan, most of them in Southeast Michigan, on administering an estate that is already in probate and on putting a plan in place so the next one does not have to be.

Request a consultation and you will speak directly with Attorney Badri Yono Jr. A flat fee is quoted in writing before any work begins.

Request a consultation

This is an intake funnel and does not provide legal advice or legal representation. THIS FUNNEL IS NOT A LAW FIRM. Using this funnel or submitting a request does not create an attorney-client relationship. All requests submitted through this funnel are referred to Attorney Badri Yono Jr. (P88777) of Foster Swift Collins & Smith, P.C., who will conduct a conflict check before communicating directly with you and will provide legal services after an engagement agreement is executed, subject to its terms. Court hours, fees, and filing procedures change; confirm current details with the Oakland County Probate Court before filing.