Wayne County Probate Guide

Welcome to Your Probate Court Guide

If you’re seeking guidance through the Wayne County Probate Court process, you’ve come to the right place. This comprehensive guide will help you navigate through the Wayne County Probate Court system.

Your Guide to Wayne County Probate Court Services

The Wayne County Probate Court has jurisdiction over deceased estates, trusts, guardianships, conservatorship, and mental health matters.

Deceased Estates Jurisdiction

Probate courts have exclusive legal and equitable jurisdiction over matters relating to the settlement of a deceased person’s estate, whether they died testate (with a will) or intestate (without a will), if, at the time of death, the person was:

(1) domiciled in the county, or

(2) was domiciled out of state and died owning assets within the county to be administered.

Jurisdiction includes, but is not limited to, the following proceedings:

  • Internal affairs of an estate.
  • Estate administration, settlement, and distribution.
  • Declaration of rights involving estates, devisees, heirs, and fiduciaries.
  • Construction of a will.
  • Determination of heirs.
  • Determination of death of an accident or disaster victim (See MCL 700.1208).

Guardianship Jurisdiction

Probate courts have exclusive jurisdiction over proceedings concerning guardianships of adults and minors (See MCL 700.1302(c)). A guardian is a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or court appointment.

Probate courts also have jurisdiction over guardianship proceedings for individuals with developmental disabilities (See MCL 330.1604(1)). Developmental disability is defined at MCL 330.1100a(20).

Conservatorship Jurisdiction

Probate courts have exclusive jurisdiction over proceedings concerning conservatorship and protective proceedings (See MCL 700.1302(c)). A conservator is a person appointed by a court to manage a protected individual’s estate (See MCL 700.1103(h)).

Mental Health Code Jurisdiction

Probate courts have jurisdiction over proceedings under the Mental Health Code.

  • Civil Admission and Discharge Proceedings – Petitions of this type, including an involuntary petition for mental health treatment or hospitalization, are filed in the Mental Division of the probate court (See MCL 330.1400(c)).
  • Guardianships for Individuals with Developmental Disabilities – Probate courts have jurisdiction over guardianship proceedings for individuals with developmental disabilities, as explained above.

Concurrent Jurisdiction

There are times that two courts jurisdiction to hear a matter. This is called concurrent jurisdiction. Probate courts have concurrent legal and equitable jurisdiction over the following matters involving an estate of a decedent, protected individual, trust, or ward (See MCL 700.1303(1)).

  • To determine property rights and interests.
  • Contract disputes by or against an estate, ward, or trust.
  • To authorize specific performance of a contract in a joint or mutual will or of a contract to leave property by will.
  • Partition of property.
  • Ascertain survivorship of persons.
  • Bar an incapacitated or minor wife from her dower right.
  • Determine cy-pres, gifts, grants, bequests, and devises in trust or otherwise.
  • Hear and decide an action or proceeding against distributees of an estate fiduciary to enforce liability arising because the estate was liable upon some claim or demand before distribution of the estate.
  • To require, hear, and settle an accounting of an agent under a power of attorney.
  • To impose a constructive trust.
  • To hear and decide any claim by or against a fiduciary or trustee for the return of property.

As part of this complete guide, we’ll explore the various services handled by the court:

  • Probate Estate Administration
  • Guardianships and Conservatorships
  • Mental Health Proceedings
  • Trust Administration
  • Will Contests and Inheritance Disputes
  • Protective Proceedings

The probate court is prohibited by law from providing legal advice and/or assisting people in completing the forms. So, hiring a skilled, competent probate attorney is advisable.

Wayne County Probate Guide: Filing Hours

  • The Wayne County Probate Court accepts pleadings and documents for filing Monday through Friday, 8:00 AM to 4:00 PM (the filing hours).
  • Filings are be accepted in the evenings, on weekends, or on Court holidays.
  • Filings may be submitted by email, fax, drop box at the court, or regular U.S. mail.

Filing Fees

Current filing fees begin at $175 for deceased estate proceedings, petitions for guardianship, and petitions for conservatorship, with additional costs possible depending on your case specifics. Click here for more information on filing fees.

Filing Fee Waiver Requests

By law, only filing fees are eligible to be waived. You may qualify for a fee waiver for any of the following reasons:

  • You receive public assistance due to indigency (means-tested public assistance – for example, Medicaid, SSI, Food Assistance through the State of Michigan.
  • Your lawyer is part of a law school clinic or legal aid organization.
  • You may also request waiver of the fees if your gross household income is below 125% of the federal poverty guidelines or payment of the fees would constitute a financial hardship for you; the decision of whether to waive fees in that situation will be made by a judge.

Hearing Date – Timeline

The Wayne County Probate Court is the busiest probate court in Michigan. In 2024, the average number of weeks from filing of a petition until the hearing date was 5.3 weeks. The court handled 11,597 new filings and scheduled 29,649 hearings.

Wayne County Probate Court Forms: How to Complete Forms

The probate forms should be carefully and accurately completed. Most of the probate court forms are signed at the bottom with a penalty of perjury declaration that states “I declare under the penalties of perjury that this application has been examined by me and that its contents are true to the best of my information, knowledge, and belief.”

Wayne County Probate Court Forms: How to Start a Wayne County Probate Court Case

Deceased Probate Estates

A deceased probate estate must be opened if a person dies with property or assets in their individual name with no joint owner or beneficiary designation. A personal representative is appointed by the court to handle the administration of the decedent’s estate. A petitioner or applicant would file a decedent’s estate in the county in which the decedent was domiciled at the time of death. If the decedent was domiciled outside of Michigan, but had property in Michigan, the petitioner or applicant may file an estate in the county where decedent’s property was located at the time of death.

A personal representative may be formally appointed by a Probate Judge after a petition is filed in the Probate Court. The petition can be filed by an interested person to the decedent’s estate. When the petition is filed, unless waivers and consents from all interested persons are attached, a hearing will be held. On the date of the hearing, the petitioner and anyone else who wants to take part goes before the Judge and explains the need for a personal representative.

A personal representative may be appointed informally by filing an application directed to the probate register. An applicant seeking appointment in an informal proceeding must give notice and a copy of the application to each person having a prior or equal right to appointment who has not renounced the right.

Guardian and Conservator Estates

A guardian and/or conservator may be appointed by the probate court after a petition is filed. The petition may be filed by anyone interested in the well-being of the adult. After the petition is filed, a hearing will be scheduled.

The law states that a guardian may be appointed if a court determines that a person is an incapacitated individual. The law defines an incapacitated individual as:

“…one who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.”

A conservator may also be appointed if the person is unable to manage his or her property or finances effectively.

Understanding Key Timelines: Your Guide to Important Deadlines

Following this timeline guide will help keep your deceased probate case on track. These are all approximations:

  • Initial Filing Processing: 1-2 business days
  • Creditor Notice Publication: Within 14 days
  • Inventory Filing Deadline: 91 days
  • Creditor Claims Window: 4 months
  • Typical Case Duration: 5-12 months

Professional Guidance: Your Key to Success

While this guide provides valuable information, professional legal representation can be crucial. The Probate Pro specializes in Wayne County probate matters and offers:

  • Navigation through court procedures
  • Precise document preparation and filing
  • Professional court representation
  • Robust protection of legal rights
  • Effective dispute resolution

How to Start a Wayne County Probate Case

Court Location and Contact Guide

Wayne County Probate Court – 2 Woodward Avenue Detroit, MI 48226

Operating Hours: Monday-Friday, 8:30 AM – 4:30 PM

Judges of Wayne County Probate Court (as of 1/1/2025)

Hon. David Braxton, Chief Judge
Hon. David A. Perkins, Chief Judge Pro Tempore
Hon. Judy A. Hartsfield
Hon. Terrance A. Keith
Hon. Lawrence J. Paolucci
Hon. Michael J. McClory
Hon. Todd E. Briggs
Hon. Macie Tuiasosopo Gaines

Additional Resources Guide

Get Specialized Legal Assistance Today

Let this guide be your first step toward successful probate navigation. The Probate Pro’s experienced team stands ready to provide personalized guidance through your Wayne County probate matter. Our deep understanding of local court procedures ensures efficient case management.

Contact The Probate Pro Today:

This Wayne County Probate Court guide demonstrates how proper legal assistance can streamline your probate experience. Contact (833) PROBATE now to schedule your consultation and discover how The Probate Pro can guide you through the probate process.

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(833) PROBATE | (833) 776-2283

This Wayne County Probate Court guide is provided for informational purposes only and does not constitute legal advice.