Macomb County Probate Records

A Macomb County probate record is an official document that details the legal process of transferring a deceased person's property to the rightful beneficiaries. These records are especially useful for resolving estate disputes, conducting genealogical research, and verifying inheritance. The Macomb County Probate Court is the custodian of all probate records, including documents of assets like real estate, bank accounts, stocks or bonds, and personal properties like cars, furniture, and jewelry. Like other Macomb County court records, the provisions for the dissemination of these probate records are governed by the state’s public records laws.

Are Probate Records Public?

Yes. The Michigan Freedom of Information Act and MCR 8.119(H) ensure the public availability of probate records to citizens. However, according to these laws, the following probate records may be considered confidential:

• Selected documents in a guardianship file (initial petition report of individuals who are developmentally disabled or legally incapacitated, psychological reports, and social history of minors)
• Conservatorship and Descendant's estate settlement of lawsuit documents

Only eligible individuals can obtain confidential probate records in Macomb County. However, public probate records can be retrieved by anyone online, by email, or in person at the Macomb County Probate Court.

What is Probate Court in Macomb County?

The Macomb County Probate Court typically has exclusive legal and equitable jurisdiction over conservatorships, protective and commitment proceedings, guardianships, and the estates of deceased persons. The court is run by a chief judge and three judges in compliance with Chapter 5 of the Michigan Court Rules and the Estates and Protected Individuals Code (EPIC). The court is located at the address below:

Macomb County Probate Court
40 N Main St.
5th Floor
Mt. Clemens, MI 48043
Phone: (586) 469-5290

Probate Court Case Lookup

The Macomb County Probate Court provides several options for individuals to look up cases, depending on their eligibility. Attorneys, petitioners, and fiduciaries can request copies of probate court cases by emailing sheila.lipari@macombgov.org. The email must contain a case number, the record holder's name, and the requester's phone number and email address. Email requests take 48 hours to process. Members of the public can obtain copies of probate court case records in person at the courthouse. The court opens Monday to Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. Plain copies of probate court records cost $1 per page, while certified copies of multiple-page documents cost $12 for the first page and $1 for subsequent pages.

Persons who cannot afford to pay for a copy of probate court records can use the Case Lookup tool to find records of interest. To conduct a search, click the name, case number, case type, or advanced attorney tab and provide the appropriate information.

How to Find Probate Records Online Free

Record seekers may use the Macomb County Probate Court's Case Search tool to find probate records for free. The search criteria are name, case number, case type, and advanced attorney. Users can narrow their searches by providing additional information like case status, party type, date of birth range, date of death range, and filing date range. The Michigan Courts also provide Macomb County probate information free of charge on their MiCOURT Case Search portal. Users can search by name or case number. It is worth noting that probate records retrieved from these databases cannot be used for official purposes. Certified copies must be obtained for a fee if official probate documents are required.

How Long Does Probate Take in Michigan

Probate in Michigan can last from a few months to over a year. The timeline is determined by various factors, such as legal complexities, the court's availability, and the presence of any will contests.

Are Wills Public Record?

According to MCL 700.2515, all wills deposited with the Macomb County Probate Court are sealed until the testator's death. If the testator is still alive, only the record holder or anyone authorized by the testator in writing can obtain them. The Probate Court will include a will in its public record when it receives a notice of the testator's death.

How to Find Out If Someone Has a Will

If the owner of the will lived in Macomb County, individuals seeking the records may contact the Probate Court and present a death certificate to request a copy of the deceased's will. The court will verify the death and provide a copy of the will if it is on file.

If the will is unavailable at the Macomb County Probate Court, requesters may check the deceased's safe deposit box or consult their attorney. To access the safe deposit box, they must obtain a Petition to Open Safe Deposit Box form from the Probate Court, complete it, and pay the required fees.

Macomb County Family Court Case Search

Individuals can order Macomb County family court case records from the Circuit Court through the following means:

• Online: Copies of family court records can be obtained for a fee by submitting an online request on the File Records Request page. The requester must provide their name and contact information, the document details (case number, approximate date, plaintiff's and defendant's names, and document type), type of copy, and delivery method. Regular copies of family court case records cost $2 per page, but certified copies cost $12 per page. However, the Circuit Court permits members of the public to also view records through the online portal without charges. The search parameters are name, case number, case type, or advanced attorney.
• By fax, email, or mail: Requesters must complete the Documents Order Form and fax it to (586) 469-5365, email it to fileroom@macombgov.org, or mail it to the Macomb County Clerk's Office File Room. Faxed copies of records cost $12 per page, while order methods cost the normal fees.
• In-person: Visitors can request copies of family records at the Macomb County Circuit Court Building during business hours. Since staff members finish work at 4:15 p.m., all requests must be submitted before that time.

Sealed or confidential family court records, such as adoption and juvenile documents, are only available to a selected few. For example, juvenile files are only open to individuals with legitimate interests ( MCL 712A.28[3]). The general public cannot retrieve such records, and they are unavailable online through the free search portal.