Marquette County Probate Court Guide

Successor sworn statement route for collecting certain personal property after 28 days when no personal representative appointment is pending or granted.

• At least 28 days since death
• No Michigan real property in the estate
• No pending or granted personal representative appointment
• Successor identifies other persons entitled to estate shares

Qualifies:

No Michigan real property and estate value not exceeding $53,000 (2026 deaths), subject to statutory adjustment rules

Filing fee:

$25

source

Attorney:

not required by law, though many families use one

Summary administrative proceedings may be available when estate value is limited to priority allowances, costs, expenses, and charges described by statute.

• Open an estate and obtain court authority where required
• Confirm the estate meets Michigan summary administration criteria
• Pay or account for priority allowances, costs, expenses, and charges before closing

Qualifies:

Smaller estates that meet the state limit

Filing fee:

$150

source

Attorney:

not required by law, though many families use one

Court-supervised Michigan probate proceeding for estates requiring adjudication, formal appointment, or dispute resolution.

• File SCAO petition packet
• Provide certified death certificate and original will if applicable
• Serve interested persons under Michigan court rules

Qualifies:

Estate over thresholds or complex situations

Filing fee:

$150

source

Attorney:

not required by law, though many families use one

Registrar-handled Michigan probate and appointment route when statutory requirements are met and no formal adjudication is required.

• File SCAO application packet
• Provide certified death certificate and original will if applicable
• Give required notices or waivers

Filing fee:

$150

source

Attorney:

not required by law, though many families use one

Small-estate court order route to assign estate property to a surviving spouse or heirs when the statutory value test is met.

• File petition/order packet with county probate court
• Show funeral and burial expense payment or unpaid expenses
• Show estate value within statutory limit

Qualifies:

$53,000 or less (2026 deaths) after funeral and burial expenses, subject to statutory adjustment rules

Filing fee:

$25

source

Attorney:

not required by law, though many families use one

After 28 days, a successor may use a sworn statement to collect certain personal property when no probate appointment is pending or granted.

• At least 28 days have elapsed since death
• Estate does not include real property
• No application or petition for personal representative appointment is pending or granted in any jurisdiction
• Successor identifies other persons entitled to shares of the property

Qualifies:

No Michigan real property and entire estate value (net of liens and encumbrances) not exceeding $53,000 for 2026 deaths; the statutory base figure is adjusted annually for inflation under MCL 700.1210, so confirm the current amount for the date of death

Attorney:

not required by law, though many families use one