Wayne County Probate Records

Wayne County probate records detail the distribution of a deceased person’s estate (i.e., "probate") in Wayne County. These records include wills, asset inventories, and court rulings. Probate records offer valuable information to researchers about decedents' estates, including details about inheritances, outstanding debts, and family relationships. The records, alongside related Wayne County court records, are also useful for resolving estate disputes.

Chapters 701–713 of the Michigan Compiled Laws (MCL) govern the administration of estates in Wayne County, Michigan.

Are Probate Records Public?

Yes. Probate records in Wayne County are classified as public records in accordance with Michigan Court Rule (MCR) 8.119. This rule provides that court records are public unless sealed by the court, implying that probate records are open for public examination.

However, specific public access limitations exist. The following records are considered confidential:

• Sensitive personal information
• Financial account numbers
• Medical or mental health information
• Adoption records
• Guardianship records

To access a confidential probate record in Wayne County, a person must be a party to the case or authorized by statute or court order.

What is Probate Court in Wayne County?

A probate court is a court dedicated to hearing matters related to the administration of a decedent's estate, including will execution. The Wayne County Probate Court handles estate administration and hears other cases surrounding conservatorships, guardianships, trusts, and involuntary mental health treatments. The court is located at:

1305 Coleman A. Young Municipal Center
Two Woodward Avenue
Detroit, Michigan 48226

Probate Court Case Lookup

The Wayne County Probate Court Clerk maintains court records and files within the court. Persons who need a probate court record can visit the Clerk’s office during business hours. The staff at the front desk may ask the inquirer for a case number or party name to search for a record, as well as payment if a copy is needed. Obtaining a non-certified copy of a probate record costs $2 per page, while a certified copy costs $10 for the certification and $1 for each page obtained. An individual may also request a listing of up to 50 cases at a time for $10.

Alternatively, one can complete and submit the Copy Request form to the probate court. If submitting by mail, the requester should "Attention" the Clerk's Records Department. Once the office receives the request, they will communicate the cost of the inquiry to the requester. Typically, payment can be made online via an ePayment, by check, or by money order payable to the Wayne County Probate Court.

The Probate Court also provides a Case Access portal where individuals can search for probate records remotely. Individuals may search the system by name or case number. No fee or limit is attached to the number of records that can be searched on the portal. However, confidential probate records or information are not disclosed online. Such information can only be obtained at the courthouse.

How to Find Probate Records Online Free

Probate records can be accessed online for free through the case access portal on the Wayne County Probate Court’s website.

Researchers can also search for probate records online on private (third-party) aggregator websites. These platforms act as middlemen between the court and the general public, retrieving and storing data for public access. A search can typically be performed free of charge on a third-party site. However, only limited information may be disclosed for free. A fee may be required to access the full record. Much like the Wayne County Probate Court’s case access portal, private aggregator sites do not provide users with confidential probate information.

How Long Does Probate Take in Michigan?

Probate duration in Michigan depends on several factors, including the size of an estate, the type of administration, the court's availability, and the presence of disputes between heirs or beneficiaries.

Generally, probate can be formal or informal. Formal probate is a complex proceeding that usually involves larger estates or disputes among beneficiaries/heirs. This court-supervised process may include multiple hearings, which can prolong the matter for over a year. Informal probate, on the other hand, is a simpler proceeding that is typically resolved faster. There is usually no dispute to the decedent's estate, and the court's involvement is minimal at best.

Regardless of the type of probate, Michigan Compiled Laws 700.3803 imposes a mandatory four-month creditor claim period. This time frame allows creditors to submit claims against the estate before the decedent’s will execution (if a will exists) or the court proceedings officially begin.

Are Wills Public Record?

In Wayne County, Michigan, a will only becomes a public record after it is filed with the probate court after the testator’s death. If the testator is still alive or the will has not been submitted for probate, it remains private and inaccessible to the public.

Still, sensitive information in a will is typically withheld from public view. This includes the decedent’s financial details (like an account number), Social Security number, and other confidential estate-related information that could pose a privacy risk.

How to Find Out If Someone Has a Will

The Wayne County Probate Court maintains wills filed for probate. To access these public wills, individuals can visit the probate court or submit the Copy Request Form to the Clerk's office, as explained previously. Additionally, wills entered into probate may be available online through the probate court’s Case Access Portal.

Since the wills of living individuals remain private, they cannot be obtained from the probate court. To determine whether a living person has a will, one may need to contact the relevant estate planning attorney or ask the creator or their family members directly.

Wayne County Family Court Case Search

Family court cases surround domestic matters. In Wayne County, the Family Division of the Third Judicial Circuit handles these cases, which include divorce, personal protection, emancipation of minors, and parental waivers. It also hears name changes and infectious disease cases.

Family court records can be requested from the Civil/Family Division of the Wayne County Clerk’s Office. Individuals can also search for family case records on the circuit court's Case Search portal. Searches can be conducted with a party’s name or case number. It should be noted that confidential family records cannot be disclosed publicly, and these records can typically only be seen by the involved parties, their attorneys, or parties bearing a court order.