Frequently Asked Questions

Oakland County Probate Court has records dating back to 1822. This information can be found in books and in the computer system. To search the records, you may come to the probate counter and ask to review the genealogy books and computer. If you are looking for a particular person, you will need a last name and approximate year of death.

You may want to file your documents on a non-motion day (Monday, Thursday, or Friday). Also, to save time, you may file documents by fax if there is no fee required for the filing. The fax filing line is 248-452-2016. Proofs of Service and Guardian ad Litem (GAL) reports may be dropped off in the specially designated basket on the counter as well for same-day processing. If you have questions of staff and do not want to wait in line please consider emailing your questions to one of the case type specific email addresses.

The Oakland County Probate Courts have a growing caseload and that is reflected in the number of individuals who need assistance. Generally the line is longer on motion call mornings (Tuesday and Wednesday) when many matters are in court. Parties must file necessary documents at the counter before going into the courtroom. There are many people without representation visiting the service counter and they often require additional time to ask questions about the procedures.

Please note that Probate Staff cannot give legal advice.

By law the court staff may not give legal advice, but staff may give forms and explain procedures. Oakland County Probate Court does have probate specialists available for questions; however, the specialists are not attorneys and cannot give legal advice.

Only lawyers may give legal advice. The probate counter staff members are not lawyers and are prohibited by law from giving legal advice (MCL 700.1211). However, they may explain procedure.

Legal advice is a recommendation as to what particular action an individual should take given a set of certain circumstances. Only lawyers may give legal advice. Procedure is the step-by-step process an individual follows after it is determined which action is best for the particular circumstances.

No, however, Oakland County Probate Court does have probate specialists who can answer many of your procedural questions. The Probate Register and the Chief of Probate Estates and Mental Health are attorneys, but they are also bound by the prohibition against giving legal advice.

The attorney may not sign an acceptance of appointment, inventory, accounts, receipts of distributive share, sworn statements, or bonds (MCR 5.114).

See the Probate Court Filing Fees list. In general, starting an estate or a conservatorship is $175 and starting a guardianship is $175. Accounts, motions, and petitions are $20. To request a Fee Waiver use MC 20.

Court hours are from 8:00am to 4:30pm (See the County Holiday Schedule for office closings.) However, for same day processing, we ask that you are in line by no later than 3:30 pm.

Yes. Visa, MasterCard, American Express, and Discover. Service fees and limitations apply. Visit credit card and fee information.

No, praecipes are not used in Probate Court.

The court staff does not notify individuals when documents are received. However, if you send an extra copy of the document along with a postage-paid return envelope, the court staff will time and date-stamp the copy and return it to you.

Conformed/true copies are given by the Circuit Court, not the Probate Court. However, the Probate Court will return time and date-stamped copies if you provide a postage-paid return envelope and an extra copy of the document with your filing.

You may mail or bring in authenticated copies of your foreign representative appointment. There is a $20 filing fee.

Proper captioning means clearly identifying the type of matter. For example, John Doe, Deceased or Mary Smith, a protected individual.

Name of Account - The account should be captioned in one of the following manners:

• Joe Doe, Conservator of Mary Doe, a protected individual
• Joe Doe, Conservator of Mary Doe, a minor
• Estate of Mary Doe, John Doe, conservator

The Following Are Not Acceptable:

• Joe Doe AND Mary Doe
• Joe Doe IN TRUST FOR Mary Doe
• Joe Doe ITF Mary Doe
• Joe Doe, Trustee for Mary Doe (unless you were actually appointed Trustee)
• Joe Doe, Custodian for Mary Doe
• Joe Doe, Custodian for Mary Doe under Uniform Gifts to Minors Act (UGMA)

Yes, according to court rule, petitioners are required to attest to the accuracy of the statements on the petitions. The names and complete addresses of all interested persons or the phrase "interested persons remain the same" must also appear on all petitions.

To request a Fee Waiver complete MC 20 and file with the Probate Court.