Probate Court

Probate Court Publication

Learn when probate notices must be published, how to arrange publication, pay fees, and file proof with the Probate Court.

Publication

Publication of Notice to Creditors

Personal representative of a decedent estate must publish, in a newspaper defined in MCR 2.106(F), in a county in which a resident decedent was domiciled or in which the proceeding as to a nonresident was initiated, a Notice to Creditors. The notice need only be published once. If there is a known creditor whose address is unknown and cannot be ascertained, the notice must include the name of the creditor.

Publication of notice to creditors may be done using Notice to Creditors Decedent's Estate, PC574. MCR 5.208(A) requires that the notice include:

  • The name, and if known, the date of death, and date of birth of the decedent.
  • The name and address of the personal representative.
  • The name and address of the court where proceedings are filed.
  • A statement that claims will be forever barred unless presented to the personal representative, or to both the court and the personal representative, within 4 months after publication of the notice.

MCR 5.208(D) provides that no notice need to be given to creditors in the following situations:

  • The estate has no assets.
  • The estate qualifies and is administered under MCL 700.3982 or MCL 700.3983 (these are sections dealing with summary distribution of small estates).
  • The decedent has been dead for more than 3 years.
  • Notice has been previously been given under MCL 700.7608 in the county where the decedent was domiciled in Michigan (this section deals with the duty of a trustee of a trust described in MCL 700.7605(1) to give notice to creditor of a settlor's estate).
  • Creditors whose claims have been presented and paid.

Publication to Interested Parties

If there are missing addresses for any interested persons, after your petition is processed and you receive the hearing information, you must arrange for publication in an English language newspaper that is published in Macomb County. An interested person whose address or whereabouts is not known may be served by publication if a declaration of intent to give notice by publication, PC617, is filed with the court. Except in certain proceedings, after an interested person has once been served by publication, notice is only required on interested persons whose address is known or becomes known during the proceedings.

How to Publish

  1. Contact the Macomb Legal News or another Macomb County newspaper to arrange for publication.
  2. Pay the required fee. As of March 1, 2025, a $116.95 publication fee will be charged by the Macomb Legal News; if you select another newspaper, check with that publication to determine their fee.
  3. You must pay the publication fee to the newspaper or your matter will NOT be published. Note that the Court or the Judge may ask you for proof of publication.
  4. File proof of publication (the Affidavit of Publication) with the Court. The newspaper company, for example Macomb Legal News or Macomb Daily, does not file this Affidavit on your behalf. The Affidavit of Publication is sent to you from the newspaper company once you arrange and pay for publication. File the Affidavit as soon as possible with the Probate Court. If you cannot provide proof of publication, your proceeding may be delayed.