Montmorency Probate Court Duties: Probate Court exercises jurisdiction and supervision in probating wills
and administration of estate and trust proceedings. Probate Court also hears
cases pertaining to guardianships and conservatorships for adults and minors
as well as developmentally disabled adults; and the commitment for hospitalization
and or treatment of mentally ill persons.
Estate Proceedings: A major function of the court is the administration of deceased estates.
It is the court's task to interpret wills in the event of uncertainty or
conflict over the will's meaning. The court may also determine rights to
an estate where the person has died "intestate" (without a will);
this demonstrates one of the important purposes of courts in our society
as they make a formal record of the legal status of property. Estate proceedings
Guardianships and Conservatorships: As stated, the Probate Court is responsible for appointing guardians and/or
conservators for incapacitated adults who cannot make responsible decisions
for themselves. The Court may also appoint a conservator to manage the individuals
finances. Guardians for the developmentally disabled are appointed by the
Probate Court under the jurisdiction granted by the Michigan Mental Health
Code. Annual and Periodic reviews of both guardian and conservatorships
are conducted by the Probate Court.
Initial Filing Fee: $162.00 (for each guardian
and conservator petition)
Electronic Filing Fee: $25.00
Certified Copies: $12.00
Guardian Ad Litem Fee: $50.00 plus mileage
Life Support Issues: The Probate Court has jurisdiction over matters concerning the authority
to allow removal of life support. These matters are extremely complex and
involve all interested persons, i.e. family members, doctors and attorneys.
Probate Court also handles matters such as having persons deposit their
Last Will and Testament for safekeeping ($25.00) each, delayed registration
of foreign births, authorization to open decedent safe deposit box and appointing
members to the soldier's relief commission, state boundary commission and
Court Hours: The Probate Court is open Monday - Friday (except for legal holidays), 8:30
A.M. - 4:30 P.M. (The courthouse is closed during the noon hour). If you
are planning to come to the Probate Court Office, it is suggested that you
If you require special accommodations due to a disability or language barrier,
please contact the Probate Courts ADA contact person, Jodi Gordon at (989) 785-8068 to make arrangements.
If you are requesting to technology for a Probate Court proceeding, you may complete the request
Montmorency County Technology Request Form and forward via Email to Jodi Gordon or fax to (989) 785-8065.