Working with a Probate Lawyer in Oakland County, Michigan
If someone you love has passed away, or you’re planning ahead for your own family, dealing with the Oakland County Probate Court can feel like learning a new language on a deadline.
If someone you love has passed away, or you’re planning ahead for your own family, dealing with the Oakland County Probate Court can feel like learning a new language on a deadline.
This page is built to be a genuine starting point — how the court works, what our firm handles day to day, and where to find official forms, free legal help, and answers to the questions we hear most from Oakland County families.
Probate in Oakland County follows a defined path, but “defined” doesn’t mean simple. Once a personal representative is appointed, they’re responsible for notifying heirs and creditors, inventorying and valuing every asset, paying off legitimate debts, and eventually distributing what’s left according to a will or Michigan’s intestacy laws. Filing the right forms with the Oakland County Probate Court in the right sequence and within specific deadlines is important. If you miss a notice requirement or file something incorrectly, your case that should take months can stretch out for a year or longer. Personal representatives can sometimes be held personally accountable for mistakes.
Working with a lawyer who knows this court changes the experience of probate from something that happens to a family to something the family can take control over.
An attorney catches the details that trip up self-represented filers: how a petition needs to be worded, which supporting documents the court expects alongside a form, how to handle an heir who won’t respond, or what happens when an asset turns out to be more complicated than it looked (a house with a lien, a retirement account with an outdated beneficiary, a will that’s missing a signature). That guidance matters most in the moments where there’s no form to fill out and no clear next step, this is where most probate cases actually get stuck.
These aren’t hypothetical — they’re the recurring reasons uncontested cases turn contested, and simple estates turn expensive. Collens Estate Law works in front of this court regularly, which means we know how Oakland County likes its petitions formatted, where filings commonly get kicked back, and how to keep a case moving instead of stalling.
If you’re weighing whether to handle probate on your own, we’re glad to walk through what your specific estate involves and where a lawyer’s involvement would actually save you time, money, or conflict — before you’re in the middle of it.
Schedule a free phone consultation with one of our experienced attorneys to discuss your legal needs and get personalized advice. Call (248) 545-2500.
Guiding personal representatives through opening an estate, notifying heirs and creditors, inventorying assets, and closing the estate with the Oakland County Probate Court.
Helping successor trustees carry out their duties correctly — from initial notice to beneficiaries through final distribution — while staying out of court where possible.
Representing beneficiaries, heirs, trustees, and personal representatives in contested matters — will contests, breach of fiduciary duty claims, and disputes over trust or estate administration.
Petitioning for or defending against guardianship of a minor or incapacitated adult, and conservatorship over someone’s finances and property, through the Oakland County Probate Court.
Wills, trusts, powers of attorney, and patient advocate designations built for Oakland County families — including planning that helps loved ones avoid probate court altogether.
If you’re dealing with a probate case, settling a loved one’s estate, or planning ahead for your own family in Oakland County, Michigan, this page is built to help. Below you’ll find how the Oakland County Probate Court works, what our firm handles for clients throughout the county, and where to go for official forms and filing information.
The Oakland County Probate Court is located inside the Oakland County Courthouse in Pontiac and is one of the busiest probate courts in Michigan. The court has two divisions:
Estates Division: decedent estates, will safekeeping, and both minor and adult guardianships/conservatorships
Mental Health Division: adult guardianships for individuals with developmental disabilities and mental health commitment matters
Oakland County Courthouse – Probate Court
1st Floor, East Wing
1200 N. Telegraph Rd.
Pontiac, MI 48341
Monday–Friday, 8:00 AM–4:30 PM (closed major holidays)
As of June 2025, most filings must go through the court’s e-file system (MiFILE) rather than in person, fax, or mail — with limited exceptions for emergency mental health petitions, deposit of original wills, and inventory fee payments.
Have questions? Our our probate attorneys are ready to help.
State Court Administrative Office (SCAO) approved forms — the statewide court forms used for probate, guardianship, and conservatorship filings. https://www.courts.michigan.gov/scao-forms/probate-court-forms/
Full SCAO forms hub: https://www.courts.michigan.gov/scao-forms/
Oakland County Probate Court forms page: SCAO forms formatted for Oakland County, plus locally-specific forms that only apply in this court (e.g., Proof of Restricted Account, Protected Personal Identifying Information form): https://www.oakgov.com/government/courts/probate-court/resources/information-publications/forms
MiFILE: as of June 2025, most probate filings in Oakland County must go through this e-filing portal rather than in person, fax, or mail. Sign up/login: https://mifile.courts.michigan.gov/login
Not every estate has to go through a full probate case:
If the estate is valued at $50,000 or less (after subtracting liens/encumbrances — this figure adjusts annually by statute, so confirm the current-year number on the PC 598 form itself before publishing), heirs may be able to use a **small estate affidavit** to collect assets without opening a full case, after waiting at least 28 days from the date of death.
Assets held jointly, in a trust, or with a named beneficiary (like most retirement accounts and life insurance) typically pass outside of probate entirely.
If the estate includes real property, a probate filing is generally required regardless of the estate’s overall value.
For people who can’t afford full-fee representation, or just want a starting point before hiring an attorney, these resources serve Oakland County residents:
Free civil legal services for income-qualifying residents of Oakland, Macomb, and Wayne counties. Toll-free intake: (877) 964-4700, Monday and Wednesday 9:00–11:00 AM and 1:00–3:00 PM.
Clinics held in partnership with Lakeshore Legal Aid, LAD, and the Family Law Assistance Project at various Oakland County locations; covers probate among other areas.
https://www.ocba.org/?pg=legal-aid-clinics
Landing page for all public-facing OCBA resources, including the clinics above.
https://www.ocba.org/?pg=for-the-public
Free self-help website with guided interviews, plain-language explainers, and document assembly tools for probate, guardianship, and conservatorship.
https://michiganlegalhelp.org
Free civil legal services for low-income individuals, adults 60+, and survivors of domestic violence/sexual assault, with several Southeast Michigan offices. Intake line: (888) 783-8190.
Free legal assistance for qualifying low-income individuals.
https://www.salvationarmyusa.org/usa-central-territory/great-lakes/metro-detroit/william-booth-legal-aid-clinic/
Supervised law-student clinics offering assistance on gtgqualifying matters.
https://cooley.edu/academics/experiential-learning/sixty-plus
Have questions? Our our probate attorneys are ready to help.
The Oakland County Probate Court provides interpreter services for hearings — confirm current request process and lead time before publishing specifics.
https://www.oakgov.com/government/courts/probate-court/about/contact-us
No. Assets held jointly, in a trust, or with a named beneficiary typically pass outside of probate. Only assets held solely in the deceased person’s name generally require a probate case in Oakland County.
A straightforward, uncontested probate case in Oakland County typically takes several months to a year. Contested cases — such as a will contest or a dispute among heirs — can take significantly longer.
A guardian makes decisions about a person’s health and daily life. A conservator makes decisions about a person’s property and finances. The Oakland County Probate Court can appoint one or both, depending on the person’s needs.
You aren’t legally required to have one, but it’s strongly recommended. An attorney should confirm who has authority to sell before the listing agreement, the purchase agreement, and the closing are signed — problems found after signing are often too late to fix.
The Oakland County Probate Court is on the first floor of the east wing of the Oakland County Courthouse, 1200 N. Telegraph Rd., Pontiac, MI 48341.
Yes. Michigan law doesn’t require an attorney for probate, and the court and Michigan Legal Help both provide self-help forms and guidance. That said, contested matters, real estate sales, or anything with disputed heirs get complicated quickly and are where most self-represented filers run into trouble.
Yes, for income-qualifying residents. The Legal Aid and Defender Association, Lakeshore Legal Aid, the Salvation Army William Booth Legal Aid Clinic, and periodic Oakland County Bar Association clinics all offer free assistance, though eligibility is generally based on income and proof of need.
The Oakland County Bar Association’s Lawyer Referral Service and the State Bar of Michigan’s Lawyer Referral Service both connect residents with attorneys by practice area, each with a low-cost or free initial consultation.
It’s a simplified, no-court-case way to collect a deceased person’s assets when the estate is small enough (currently $50,000 or less after debts — this adjusts annually, so confirm the exact current figure) and doesn’t include real estate. You must wait at least 28 days after the date of death to use it.
Generally no. Assets properly titled in a trust pass to beneficiaries according to the trust terms without a probate case — one of the main reasons people set trusts up in the first place. The trustee still has administrative duties, just not through the probate court.
Collens Estate Law works extensively in the Oakland County Probate Court. We’re in front of the same judges, working with the same court staff, and filing under the same local rules week after week — which means we know how this particular court likes its petitions formatted, where filings tend to get kicked back, and how to keep a case moving instead of slowing down in the queue.
Whether you’re just starting to plan your own estate, opening a probate case for a loved one, or dealing with a guardianship or conservatorship that’s more complicated than the forms make it look, we’re glad to talk through where you stand and what your options are.