Detailed Answer
Under Michigan Court Rule 8.119 (Access to Court Records) and Michigan Court Rule 5.409 (Confidentiality of Probate Records), most probate court files are public unless sealed. To request estate files from a county probate division, you typically need the following information:
- Decedent’s Full Name
Provide the exact legal name used in the probate petition. - Date of Death
Include the month, day, and year. - Case Number
If available, include the court file number. You can look up the case number in the register of actions as required by MCL 700.3801 (Docket of Proceedings). - County and Court Location
Specify which county probate division holds the file (e.g., Wayne County Probate Court). - Document Type or Title
Identify the specific documents you need (for example, letters of authority, inventory of assets, accounting). - Purpose of Request
Some courts ask for a brief reason, especially for certified copies. - Requester’s Contact Information
Include your name, mailing address, phone number, and email so the court can send invoices or the copies themselves. - Payment Method
Courts charge per-page copying fees under MCL 600.2540 (Certified Copies; Costs). Confirm accepted payment forms (check, money order, credit card).
You can submit your request in person, by mail, or online if the probate division offers electronic record requests. If you only wish to inspect the file, many courts permit free on-site review; always call ahead to confirm procedures and hours.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.
Helpful Hints
- Check the county probate court’s website for specific record request forms and fee schedules.
- Use the court’s online case search to verify the case number and status before requesting copies.
- Bring government-issued photo ID when picking up documents in person.
- If mailing your request, include a self-addressed stamped envelope for the court’s response.
- Keep copies of all correspondence and receipts until your request is complete.