Probate Court Fee Tables January 2019 FEES … - types of attorney fees

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Probate Court Fee Tables
January 2019
FEES APPLICABLE TO MULTIPLE TYPES OF CASES
Type of Filing or Request1 Authority Fee Amount2 Waivable3 Distribution
(MCL)
Demand for Jury Trial 600.857(3) $30.00 Yes Funding Unit
Motion 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Objection 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Amended Petition 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition for Instruction 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition to Withdraw a Petition 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition to Withdraw as Attorney 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Appeal to Court of Appeals 600.880c(1) $25.00 Yes Funding Unit
Petition and Order 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Issuance of a Commission to Take Testimony 600.874(1)(b) $7.00 Yes $3.33 Funding Unit
$3.67 State General Fund
Petition for Appointment of Guardian ad Litem 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition to Allow Fees of Guardian ad Litem 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition for Settlement of Personal Injury Claim 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Writ of Garnishment, Attachment, Execution, or 600.880b(2) $15.00 Yes 50% Funding Unit
Judgment Debtor Discovery Subpoena 50% State Court Fund
Petition for Temporary Restraining Order 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Electronic Filing System Fee for Civil Actions4 600.1986(1)(a) $25.00 Yes Judicial Electronic Filing Fund
1 All fees are required with the following exceptions:
? A fee shall not be charged for commencing a proceeding under a provision of the mental health code (MCL 330.1001 to 330.2106). MCL 600.880(3).
? The Attorney General, Department of Treasury, Department of Health and Human Services, State Public Administrator, Administrator of Veterans Affairs, and county
government agencies pay no filing fees. MCL 600.880(4), 600.880a(2), 600.880b(5)
? A party that is a governmental entity is not required to pay an electronic filing system fee. MCL 600.1986(4)
2 After the commencement of a civil action or proceeding in the probate court, a party filing a motion, petition, account, objection, or claim shall pay a $20.00 motion fee to the
probate register. However, a fee shall not be charged if the moving party is the subject of the proceeding. MCL 600.880b.
3 Fees may be waived or suspended pursuant to MCL 600.880d or MCR 2.002. If the court waives payment of a fee for commencing a civil action because the court determines
that the party is indigent or unable to pay the fee, the court shall also waive payment of the electronic filing system fee. MCL 600.1986(3)
Probate Court Fee Tables
January 2019
FEES APPLICABLE TO DECEDENT ESTATE CASES
Type of Filing or Request1 Authority Fee Amount4 Waivable2 Distribution
(MCL)
Demand for Notice Yes
-No Estate Pending 600.880(1) $150.00 Civil Filing Fee Fund
-Estate Pending 600.880b(1) $20.00 $10 Funding Unit
$10 State Court Fund
Petition for Assignment of Estate under $23,0005 600.880(2) $25.00 Yes State Court Fund
Value of Estate as Reflected in Inventory6 600.871(1) Yes 47.5% Funding Unit
-Estate Valued less than $1000 $5.00 plus 1% of amount over $500 52.5% State General Fund
-Estate Valued from $1000-$2999.99 $25.00
-Estate Valued from $3000-$9999.99 $25.00 plus 5/8 of 1% of amount over $3000
-Estate Valued from $10,000-$24,999.99 $68.75 plus 1/2 of 1% of amount over $10,000
-Estate Valued from $25,000-$49,999.99 $143.75 plus 3/8 of 1% of amount over
$25,000
-Estate Valued from $50,000-$99,999.99 $237.50 plus 1/4 of 1% of amount over
$50,000
-Estate Valued from $100,000-$500,000 $362.50 plus 1/8 of 1% of amount over
$100,000
-Estate Valued from $500,000.01-$1,000,000 $62.50 for each $100,000 value over $500,000
$31.25 for each $100,000 value over
-Estate Valued above $1,000,000 $1,000,000
4 "Civil action" means an action that is not a criminal case, a civil infraction action, a proceeding commenced in the probate court under MCL 700.3982 [case type PE], or a
proceeding involving a juvenile under chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32. It also excludes the following case types: TR, DD, JA,
MI, and all ML filings except for Advanced Directive Proceedings, Review of Drain Commission, Petition for Order to Donate Kidney by Minor, Petition to Establish Death of
Victim of Accident or Disaster, and Petition under Uniform Transfers to Minors Act.
5 The filing fee for this petition does not include the inventory fee for the estate. Note: Beginning in 2001, the $15,000 threshold amount will be subject to a cost-of-living
adjustment factor. The current amount can be found at: http://www.michigan.gov/documents/treasury/2018_Estates_and_Protected_Individuals_Code_Cost-of-
Living_Adjustments_to_Specific_Dollar_Amounts_611818_7.pdf
6 All inventory fees are to be rounded to the nearest whole dollar. The lien on real property is deducted from the value of that real property (but not below zero) when calculating
the inventory filing fee.
Probate Court Fee Tables
January 2019
FEES APPLICABLE TO DECEDENT ESTATE CASES
Type of Filing or Request1 Authority Fee Amount4 Waivable2 Distribution
(MCL)
Petition/Application for Probate and/or Yes
Appointment of Personal Representative
-Commences an Estate 600.880(1) $150.00 Civil Filing Fee Fund
-Filed after an Estate is Open 600.880b(1) $20.00 $10 Funding Unit
$10 State Court Fund
Petition to Determine Heirs Yes
-No Estate Pending 600.880(1) $150.00 Civil Filing Fee Fund
-Estate Pending 600.880b(1) $20.00 $10 Funding Unit
$10 State Court Fund
Petition to Reopen a Closed File 600.880(1) $150.00 Yes Civil Filing Fee Fund
Account7 (for each account filed) 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Petition for Allowance of Account when filed 600.880b(1) $20.00 Yes $10 Funding Unit
separately from account $10 State Court Fund
Statement and Proof of Claim 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Filing of Letters by Foreign Personal Representative 600.880b(1) $20.00 Yes $10 Funding Unit
$10 State Court Fund
Any other paper, no matter how titled, which 600.880b(1) $20.00 Yes $10 Funding Unit
requests relief or requires a hearing or ruling of the $10 State Court Fund
court when a proceeding is pending
7 The account is not subject to MCR 2.119(G)(2) as it is not a motion.


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