Detailed Answer
Under Michigan law, a probate estate officially opens when someone files a petition for probate or for appointment of a personal representative with the probate court in the county where the decedent resided. The court reviews the petition, admits the will (if any), and issues letters of authority. You can confirm whether this process has begun by checking the court’s public records.
Understanding Probate in Michigan
Probate is the court-supervised procedure for administering a decedent’s assets, paying debts, and distributing property to beneficiaries. The relevant statute states that any person seeking to administer an estate must file a petition in the probate court. For statutory details, see MCL 700.1301.
Where and How to Search Probate Records
To determine if an estate has been opened, focus on the probate court in the decedent’s last county of residence. You can:
- Visit the county probate court clerk’s office in person. Provide the decedent’s full name and date of death to locate any filed petitions or dockets.
- Use the Michigan Courts Public Access portal at courts.michigan.gov/public-access to search dockets by name or case number.
- Check if the court offers an e-filing or online case search system specific to that county.
Alternative Resources
- Third-party record services may index probate filings but often charge a fee.
- Local newspapers sometimes publish probate notices. Review archives of the newspaper with circulation in the decedent’s county.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your circumstances.
Helpful Hints
- Gather the decedent’s full legal name, date of death, and last known address before you search.
- Allow several days for new filings to appear online or in the court’s public records.
- If online access is limited in a county, call the clerk’s office to request assistance or schedule an in-person visit.
- Once you locate a case number, request certified copies of petitions, inventories, and court orders for your records.