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Michigan Probate Filing Fees 2026: What It Really Costs to Probate a Michigan Estate

11 min read Updated June 2026 By a Michigan Estate Planning Attorney
Home Blog Michigan Probate Filing Fees 2026

A reader called us last week with the question every Michigan family asks: "How much will it cost to probate my mom's estate?" The answer most websites give is wrong because they only mention the $175 filing fee. The inventory fee, certified copies, publication, and motion fees can easily run five to ten times that. This guide breaks down every single charge a Michigan probate court can assess in 2026, with real-dollar examples by estate size, and shows you the DIY paths that let many families skip the whole expense. The filing-fee numbers are statewide -- they come from MCL 600.880, MCL 600.871, and the State Court Administrative Office Probate Court Fee Tables -- so every Michigan county charges the same amounts. What varies between counties is payment method, publication costs, and certified-copy quirks.

The $175 Filing Fee

The cost most people quote -- $175 -- is the upfront fee to open a Michigan probate case. It is actually two fees stacked together:

That $175 gets you the petition processed, a case number, and the issuance of letters of authority to the personal representative. It does not get you the inventory fee, certified copies, publication, or any later motions. Per CF Legal's Genesee County breakdown, the $175 covers only "the court's administrative costs for opening and maintaining your case file."

Whether you file informally (the simpler track, Form PC 558) or formally (Form PC 559), the filing fee is the same $175 statewide. Per SwiftProbate's 2026 Michigan guide, both informal and formal probate use the same fee structure -- only the court calendar and hearing requirements differ.

The Inventory Fee (the Big One)

This is the fee that surprises people. MCL 600.871(1) requires the probate court to charge an inventory fee based on the value of the decedent's estate at the date of death. It is essentially a tax on the gross estate that funds the court system. The schedule, current for 2026:

The inventory fee is rounded to the nearest whole dollar. It is due within one year of the date the personal representative received Letters of Authority OR before the estate is closed, whichever comes first. Per the Wayne County Probate Court inventory page, the court will not accept a final accounting until the inventory fee is paid.

One important nuance: for deaths on or after March 28, 2013, you can deduct mortgages and liens on real estate from the gross value when calculating the fee. A $300,000 house with a $200,000 mortgage counts as $100,000 of estate value, not $300,000. You cannot reduce the value below zero, and you cannot apply leftover mortgage value to other assets.

Inventory fees cannot be waived for indigent personal representatives. This is unusual -- most Michigan court fees can be waived under MCR 2.002 if the filer is poor enough -- but the Michigan Court of Appeals held in In re DeCoste, 317 Mich App 339, that inventory fees are not waivable.

Inventory Fee Examples by Estate Size

Here is what the inventory fee actually works out to for common Michigan estate sizes. These calculations use the MCL 600.871 schedule above and round to the nearest dollar.

A few takeaways. First, the inventory fee climbs steeply between $25,000 and $500,000 -- the brackets that cover the typical Michigan family home. Second, very large estates pay a lower effective rate because the marginal tier above $1,000,000 is only $31.25 per $100,000 (0.03%). Third, the inventory fee is almost always larger than the $175 filing fee for any estate big enough to actually need probate. Per The Probate Pro's inventory fee calculator analysis, families routinely underestimate this charge.

The Costs Nobody Talks About

Beyond the filing fee and inventory fee, every Michigan probate estate runs into a handful of additional charges. Most are small individually but add up:

Attorney fees, if you hire one, are the largest expense for most estates -- typically $2,500 to $7,000 for a straightforward Michigan probate per SwiftProbate's 2026 cost analysis. Personal representatives are also entitled to "reasonable compensation" for their work, typically 2% to 5% of the estate value, though many family members waive this.

The Small-Estate Cheat Codes

Michigan has two small-estate procedures that bypass most of the probate cost. If your estate qualifies, the savings are dramatic.

Petition for Assignment of Estate (MCL 700.3982)

If the gross estate after funeral and burial expenses is below the small-estate threshold (the threshold was $28,000 in 2024 and adjusts annually for COLA, so 2026 will likely be around $30,000), the personal representative can use a simplified Petition for Assignment of Estate. The filing fee is just $25 instead of $175. The inventory fee still applies but only on the value of the actual transferred assets. The court can assign all assets to the heirs in one order, no Letters of Authority, no creditor notice, no inventory filing. See our forthcoming Michigan small estate guide for the form walkthrough.

Affidavit for Personal Property (MCL 700.3983)

For estates with only personal property (no real estate) under the same small-estate threshold, the heirs can use an Affidavit for the Collection of Personal Property to claim assets directly from banks, brokerages, and insurance companies -- without involving the probate court at all. Total court cost: $0. You wait 28 days from the date of death, fill out the one-page affidavit, attach a certified death certificate, and present it. We cover this procedure in detail in our Michigan small estate affidavit guide, which is currently the most-read article on this site.

Summary Probate (MCL 700.3987)

If the estate's net value (after liens and exempt allowances) is small enough that the only beneficiaries are the surviving spouse and minor children, the personal representative can request "summary administration." This shortcuts the creditor-notice period and lets the estate close in weeks instead of months. Filing fee is still $175 but the back-end cost savings are real.

Total Cost: Three Real Scenarios

Scenario 1: $35,000 estate (small bank account + paid-off car)

Path: Affidavit for Personal Property. Filing fee $0. Inventory fee $0. Cost of one certified death certificate from Michigan vital records: $34. Total: $34.

Scenario 2: $250,000 estate (Michigan home + savings)

Path: Informal probate. Filing fee $175. Inventory fee approximately $551. Six certified Letters of Authority: $72. Publication: $120. Two minor motions: $40. Total court costs: ~$960. If you hire an attorney, add $3,000-$5,000.

Scenario 3: $600,000 estate (multi-asset, contested)

Path: Formal probate. Filing fee $175. Inventory fee approximately $925. Twelve certified Letters of Authority: $144. Publication: $200. Bond premium (1% bond on $300,000 = $3,000): $900-$1,500. Five motions, two objections, one petition for instruction: $160. Total court costs: ~$2,500-$3,100, plus $5,000-$10,000 in attorney fees.

How to Avoid Probate Entirely

Every dollar above is avoidable with the right estate-planning documents in place before death. The DIY tools that bypass probate in Michigan:

  1. Revocable living trust -- assets titled in the trust pass to beneficiaries without probate court involvement. No filing fee, no inventory fee, no certified copies, no publication. See our revocable living trust guide.
  2. Lady Bird deed (enhanced life estate deed) -- Michigan-specific real estate transfer that lets your home pass to a named beneficiary outside probate. Recording fee $30. See our Lady Bird deed guide and recording walkthrough.
  3. POD/TOD beneficiary designations -- bank accounts, brokerages, and (in Michigan as of 2025) vehicles can pass directly to a named beneficiary. No probate. See our POD/TOD beneficiary guide.
  4. Joint tenancy with right of survivorship -- assets owned jointly with a spouse or other co-owner pass automatically to the survivor.
  5. Retirement account and life insurance beneficiary designations -- these always bypass probate as long as a living beneficiary is named.

A complete Michigan estate plan (will + durable POA + patient advocate designation + Lady Bird deed) costs $89-$349 through the CreateMIWill kits -- versus the $1,000-$3,000 of court fees you save by avoiding probate on a typical $250,000 estate, plus the $3,000-$5,000 in attorney fees a probate often requires.

Frequently Asked Questions

Are Michigan probate filing fees the same in every county?

Yes for the statutory fees. The $175 filing fee, the inventory fee schedule under MCL 600.871, the $20 motion fees under MCL 600.880b, and the certification charges are statewide. What varies: how each county accepts payment (some take credit cards, some only check or money order), local publication costs (rural newspapers are cheaper than Detroit papers), and whether the local Register of Deeds has online recording or only counter recording.

Can I get the inventory fee waived if I am low-income?

No. Per the Michigan Court of Appeals in In re DeCoste, inventory fees under MCL 600.871 are not waivable even for indigent personal representatives. The $175 civil filing fee and the $25 e-filing fee can be waived under MCR 2.002 if you qualify -- but not the inventory fee.

Do I have to pay the inventory fee if I use the small-estate affidavit?

No. The affidavit procedure under MCL 700.3983 does not involve the probate court at all, so there is no inventory fee. You pay only for a certified copy of the death certificate (about $34 from Michigan Vital Records).

What happens if I do not pay the inventory fee?

The probate court will not accept a final accounting and will not close the estate. The personal representative remains personally responsible for the unpaid fee and cannot be discharged until it is paid. The court can also assess interest.

Can the estate pay the filing fees from the decedent's assets?

Yes. Filing fees, inventory fees, publication, certified copies, and bond premiums are all "expenses of administration" -- they are paid from the estate before any distribution to heirs. The personal representative typically pays the $175 filing fee out of pocket and then reimburses themselves from the first estate funds received.

Is there a fee to deposit my will with the probate court for safekeeping?

Yes. $25 under MCL 600.880c(2). Many Michigan counties accept will deposits. This is a one-time fee and a useful option if you do not have a safe deposit box or trusted family member to hold the original.

Does the probate filing fee depend on whether I have a will?

No. The $175 filing fee and the inventory fee are the same whether the decedent died with a will (testate) or without one (intestate). Having a will makes the process faster and reduces attorney fees, but it does not change the statutory court fees.

Do I have to publish notice to creditors in a newspaper?

Yes, in formal probate. Informal probate also requires notice to known creditors but the publication requirement is more flexible. The publication runs once in a newspaper of general circulation in the county and triggers a four-month claims window. Typical cost: $85 in smaller counties, up to $200 in Wayne or Oakland County.

Can I file probate papers electronically in Michigan?

Yes, in most Michigan counties through MiFile. The $25 e-filing fee applies whether you file electronically or in person. Counties like Wayne, Oakland, Kent, and Washtenaw have full e-filing; some smaller counties still require paper filing.

How much does a Michigan probate attorney cost?

Typical flat-fee Michigan probate attorneys charge $2,500-$5,000 for a straightforward informal probate, or $200-$400 per hour for hourly billing. Per SwiftProbate's 2026 figures, a $300,000 Michigan estate typically costs $4,000-$8,500 in combined court fees, publication, attorney fees, and incidentals. Skipping probate via a trust or Lady Bird deed can eliminate most of that.

Build a Plan That Skips Probate

The cheapest probate is no probate. A Michigan revocable living trust, properly funded, can move a $250,000 estate to the next generation for $0 in court fees -- versus the $1,000-$3,000 in court costs plus attorney fees that probate would charge. The CreateMIWill Will Kit ($89) covers Michigan wills, durable financial POA, patient advocate designation, HIPAA release, and a Lady Bird deed template. The Trust Kit ($199) adds the full revocable living trust. The Complete Bundle ($349) combines both at a discount.

Skip the $175 Filing Fee. Skip the Inventory Fee. Skip the Whole Court.

Attorney-drafted Michigan estate planning kits that let your family bypass probate entirely. Will Kit $89. Trust Kit $199. Complete Bundle $349 (saves $39).