ProbateUS
Probate Court

Berrien County

Michigan

269-983-7111

Phone

269-983-7111

Fax

269-982-8644

Website

Official Site →

Court Location & Contact

Address

811 Port Street, St. Joseph, MI 49085

Fax

269-982-8644

Visit Official Court Website

Filing Fees

Berrien County, Michigan

Fee TypeAmount
Starting an Estate, Conservatorship, Guardianship, or Name Change$175 plus an additional $12.00 for one certified copy of the Letters
Accounts, motions, and petitions$20
Small Estate Petitionapproximately $25
Certified copies of Lettersapproximately $12 per certified copy
To deposit a Will for safekeeping$25
Petition and Order to Open Safe Deposit Box$10.00 plus $11.00 for a certified copy of the Order

Judges & Officers

HM
Hon. Mabel Johnson Mayfield
HB
Hon. Brian S. Berger
HP
Hon. Paul S. Jancha

Probate Forms Library

58 fillable forms — scroll to browse

PC634 — (PC 634) Annual Guardianship Report (Adult)countyDownload
PC654 — (PC 654) Annual Guardianship Report (Minor)countyDownload
PC558 — Application for Informal Probate and/or Appointment of Personal Representative (PDF)countyDownload
Handbook For Conservators Of AdultscountyDownload
Petition And Order To Open Safe Deposit BoxcountyDownload
PC551 — Petition and Order to Open Safe-Deposit Box to Locate Will or Burial Deed (PDF)countyDownload
PC548 — Release Will Held for Safekeeping (PC 548)countyDownload
PC 558 — Self Help Legal Resources Handout - Informal Estate Proceedings (PDF)countyDownload
PC598 — Self Help Legal Resources Handout - Small Estate Affidavit (PDF)countyDownload
PC565 — Testimony to Identify Heirs (PDF)countyDownload
1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4 — Application for Child's Insurance BenefitsfederalDownload
SF 2800 — Application for Death Benefits (CSRS)federalDownload
SF 3104 — Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4 — Application for Employer Identification NumberfederalDownload
706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041 — Capital Gains and Losses (Estates and Trusts)federalDownload
706-CE — Certification of Payment of Foreign Death TaxfederalDownload
FE6 — Claim for Death Benefits (FEGLI)federalDownload
VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7 — Designation Of Beneficiary (FEGLI)federalDownload
SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041 — Estimated Income Tax for Estates and TrustsfederalDownload
706 — Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload
8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56 — Notice Concerning Fiduciary RelationshipfederalDownload
706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload
1041-V — Payment Voucher (Estate or Trust)federalDownload
I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848 — Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721 — Statement of Death by Funeral DirectorfederalDownload
1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload
1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-A — United States Additional Estate Tax ReturnfederalDownload
706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload
4350 — mi-probate-benchbook.pdf - Michigan CourtsOne Court of JusticestateDownload
MICHIGAN'S PROBATE COURT SYSTEMOne Court of JusticestateDownload
Probate Court Records: Questions and AnswersOne Court of JusticestateDownload
Retention of PROBATE CASE RECORDSOne Court of JusticestateDownload

Probate Guide

Probate in Berrien County, Michigan

The Berrien County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Berrien County, MI, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Michigan, the probate court in each county oversees this process.

When Is Probate Required in Michigan?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Michigan's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Berrien County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Berrien County Probate Court to open probate

  3. Notify heirs and creditors as required by Michigan law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Michigan, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Michigan does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Berrien County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Berrien County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Berrien County Probate Court is located in the trial court at 811 Port Street, St. Joseph, MI 49085. The Probate Court is located on the 4th floor of the courthouse. The Berrien County Probate Court has jurisdiction over deceased probate estates, trusts, mental health, registrations of foreign births, guardianships, and conservatorships.

Office Hours

Monday-Friday8:30 AM - 5:00 PM

FAQ

Where do I file for probate in Berrien County, MI?

Probate petitions for estates in Berrien County are filed at the Berrien County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Berrien County?

Probate filing fees in Berrien County, Michigan vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Michigan?

Probate in Michigan typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Berrien County?

While not always legally required in Michigan, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Michigan, their assets are distributed according to state intestacy laws. The Berrien County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, Michigan

Sara Nicholson

Warner Norcross & Judd LLP

Kalamazoo · 48 mi

Employee BenefitsGeneral Trust & Estate+1

Jennifer Remondino

Warner Norcross & Judd LLP

Holland · 51 mi

Mark Harder

Warner Norcross & Judd LLP

Holland · 51 mi

Business PlanningFiduciary Income Tax Planning+2

Raj Malviya

Miller Johnson

Grand Rapids · 72 mi

Lauretta (Laurie) Murphy

Miller Johnson

Grand Rapids · 72 mi

General Trust & EstateSpecial Needs
See more attorneys near Berrien County →

Related Resources

Michigan Probate Guide →All Michigan Courts →Financial Institutions →