Oakland County Probate Records

Probate records are legal documents created or filed within the process of probate. A probate process involves the distribution of a decedent's assets or estates to beneficiaries, fiduciaries, or devisees and the settlement of debts owed to creditors by the court. Probate Court records generated in Oakland County, Michigan, include wills, trusts, letters of administration, inventories of assets, tax returns, guardianships, and conservatorships.

Oakland County mandates a probate process for legal residents under certain circumstances: the assets are solely owned by the decedent, the decedent died intestate (without a will), or the estates involved are large. Assets that are jointly owned, held in a living trust, or designated to a beneficiary do not usually require probate in Michigan.

The Oakland County Probate Court Clerk's Office maintains probate records and makes them publicly available to the extent authorized by law. Like Oakland County court records, interested persons may request access to probate records for various reasons, including verifying the existence of a will, validating a decedent's assets or liabilities, genealogical research, and filing petitions to contest a will’s administration.

Are Probate Records Public?

Yes. Michigan Court Rules (MCR 8.119) permits residents of Oakland County and the general public to inspect and copy court records, which include probate records. However, not all probate records may be obtained by the public without a court order or a legitimate interest. Living wills/trusts, personal protection orders, juvenile records, and certain sensitive information contained in conservatorships or guardianships are generally exempt from public disclosure. Unexecuted or contested wills are also kept private until they are resolved.

What is Probate Court in Oakland County?

The Probate Court in Oakland County oversees the administration of a deceased person’s estates/ trusts with or without a will. It appoints guardians/ conservators for minors and persons with developmental disabilities. The Probate Court also handles cases of mental illness and commitments for mental care under the Mental Health Code.

The contact information for the Oakland County Probate Court is given below:

Oakland County Probate Court
1200 North Telegraph Road
Dept 457
Pontiac, MI 48341
Phone: (248) 858-0260

Probate Court Case Lookup

Probate Court Case records, being public records, may be looked up online or by contacting the record custodian in person via mail, phone, or email. The Oakland County Probate Court allows interested persons to visit the courthouse with a name or case number within regular hours to inspect and copy publicly available case records. Mail requests containing search criteria and money orders covering the search fee may also be sent to the clerk's office. The court charges $1 per plain copy, $10 each for certified copies and an extra $10 for searches that exceed ten minutes.

In addition, requesters may also access probate records remotely via Court Explorer. This search portal allows concerned persons to search for probate records by case number alone. In cases where the case number is not known, one may search MiCourt with a case party name to retrieve the case number before continuing on Court Explorer.

How to Find Probate Records Online Free

There are a few options available for finding Oakland County probate records online at no cost. Some of these options include:

• The Michigan State Online Case Management System (MiCourt): this online resource is a cost-free and name-based repository for statewide court records, including Oakland County Probate records. Users can search for publicly available probate records by party name or filing date.
• Probate Access: this is a free view-only search tool provided by the Oakland County Probate Court for direct access to records generated in the court. One may not be able to download or request copies of the records from this search portal.
• Court Explorer: Here, concerned persons may view and copy probate records by inputting a case number only. Viewing is free while requesting copies usually has charges attached.
• Third-party resources: interested persons may search for Oakland County Probate records using nonofficial sources like third-party aggregators. A case number or full name is basically required to conduct a search. While basic information may be provided free of charge, comprehensive reports may require a one-time fee or monthly subscription.

How Long Does Probate Take in Michigan?

The Probate process in Michigan does not have a fixed time. Depending on certain factors, a probate process may last as long as a year or more. Generally, factors that influence the length of probate in Michigan include:

• The value, size, and complexity of a decedent's assets, estates, and trust
• The need to settle state or federal taxes
• The commitment of the executor, representative, or fiduciaries in Will Execution
• The presence or absence of a Will
• Time required to contact all interested persons, including heirs, devisees, and beneficiaries
• The determination of interested persons to abide by the terms of the will or legal sharing formula
• Presence of disputes, will contests, and other litigations pertaining to estate administration
• The claims, debts, and liabilities connected to the estate
• The decedent's estate planning
• The Probate Court’s availability and schedule.

Are Wills Public Record?

Not always. Wills deposited to the probate court for safekeeping or filed for probate may only be accessed by the public upon verification of the testator’s death. Only the testator or their designee can access a Will within the testator’s lifetime. A Will may still remain sealed after the demise of the testator if there is a motion contesting the will or the validity of the will is questionable.

How to Find Out If Someone Has a Will

To find out if a person has a Will in Oakland County, concerned persons must ensure that they verify the death of the testator, as living wills or wills of persons still alive may not be publicly available. To search for a Will interested persons may:

• Check the Oakland County Probate Court: if the decedent was a legal resident, chances are that the Will may have been deposited to the court for safekeeping or filed for execution. It is important to note that the court will require a proof of the testator's death to search for the Will.
• Contact the deceased’s attorney, executor, or designated administrator: interested parties may query the attorney or executor of the decedent if known.

Oakland County Family Court Case Search

The Oakland County Circuit Court has a Family Division that hears cases related to adoption, divorce, child support, juvenile delinquency/ trafficking matters, child protection, domestic violence, and personal protection orders. The County Clerk's Office maintains family court case records and may provide such information to requesters via mail, in person, or online. Interested persons may visit the clerk's office with a case number, party name, or filing date to retrieve family court case records for a fee. Most of the case records maintained by the Family Division, especially juvenile records and domestic assaults, are confidential by law and may require court authorization for public access.