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Berrien County, MI Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Berrien County Probate Court |
| Courthouse address | Berrien County Courthouse, 811 Port Street, 4th Floor, St. Joseph, MI 49085 |
| Mailing address | Berrien County Probate Court, 811 Port Street, St. Joseph, MI 49085 |
| Phone | (269) 983-7111, extension 8365 |
| Fax | (269) 982-8644. The court does not accept filings by fax. |
| Hours | Monday through Friday, 8:30 a.m. to 5:00 p.m., closed county holidays. |
| Filing fee | Opening a decedent estate costs $175.00 for 2026 filings, made up of the statutory probate filing fee under MCL 600.880 plus the electronic filing system fee under MCL 600.1986. The estate also owes the inventory fee under MCL 600.871. Assignment of property costs $25.00 for 2026 filings under MCL 600.880, plus the inventory fee. |
| Local forms | No local estate form or cover sheet. Berrien uses statewide SCAO PC forms and publishes local instruction sheets and checklists. |
| E-filing | MiFILE is not available for Berrien County Probate Court. File paper originals at the counter or by mail. |
| Case lookup | No online lookup for Berrien probate files. Call the probate court at (269) 983-7111, extension 8365. |
| Remote appearance | The Berrien County Trial Court conducts proceedings both in person and remotely. Remote hearings use Zoom, and the court tells parties to contact the office of the judge or jurist for the hearing format. |
| Website | https://www.berriencounty.org/727/Probate-Court |
Before you begin — know the assets and liabilities
Before you choose a Berrien filing path, make a working list of what the person owned, what was jointly owned, what had a beneficiary, what debts exist, and whether the original will is available. That asset picture controls whether you use an informal application, a formal petition, assignment of property, transfer by affidavit, or another Michigan path.
Sunset's estate settlement tools can help families search across more than 2,300 institutions for accounts, insurance, investments and other assets before the paperwork goes to the fourth floor at 811 Port Street. In Berrien County, that work matters because the court expects original signed filings, a clear inventory, and the right filing fee or inventory fee with the correct packet.
Which court handles jurisdiction
Berrien County Probate Court serves Berrien County from one courthouse: 811 Port Street in the city of St. Joseph. The probate counter is on the fourth floor. The county's Niles courthouse has a district court and a Wednesday self-help counter, but Berrien estate filings are opened in St. Joseph.
Venue follows Michigan's rule: the first probate filing belongs in the county where the decedent was domiciled at death, or, if the decedent was not domiciled in Michigan, in a county where the decedent left property (MCL 700.3201). Berrien's own instructions use the same rule for a Berrien resident or a non-Michigan resident who left property in Berrien County.
The county includes communities such as Benton Harbor, Bridgman, Buchanan, New Buffalo, Niles, St. Joseph, Watervliet, Berrien Springs, Stevensville and Three Oaks. For families near the Indiana line or outside Michigan, Berrien's mail filing route, stamped-copy return process and telephone card payment can reduce travel, although any hearing format is set by the court.
The jurisdiction process
- List assets, debts and title. Separate probate assets from joint accounts, beneficiary assets and property that may pass outside probate. Use this first inventory to decide whether a Berrien estate needs a personal representative, the role people often call the executor, or whether a smaller Michigan path may fit.
- Deliver the original will if you are holding one. Berrien County Probate Court publishes that the original will of a deceased Berrien resident must be delivered to the probate court, and there is no charge to deposit the will of a person who has died.
- Choose the right Michigan filing path. Berrien's estate page explains the local difference between informal and formal proceedings: informal proceedings go before the probate register, while formal proceedings go before a judge. Berrien also notes that its probate register cannot admit a copy of a will, so a copy of a will requires a formal request to the judge.
- Prepare the statewide SCAO forms and Berrien's checklist items. For an informal estate, Berrien's checklist points to PC 558, the death certificate, the original will and codicils if any, PC 565, PC 566 when needed, renunciations or notice documents when needed, PC 568, PC 571 and PC 572. For assignment of property, Berrien asks for PC 556, funeral and burial payment proof, valuation support for any real property, MC 97, and two death certificates, one original and one with the social security number and date of birth redacted.
- Get procedural help before filing if needed. The Self-Help Legal Resource Center on the second floor of the St. Joseph courthouse recommends appointments for estates and can check forms for completeness, but it cannot give legal advice or choose legal wording for you.
- File paper originals with the probate register. Bring or mail the original signed papers to Berrien County Probate Court, 811 Port Street, St. Joseph, MI 49085. Berrien is not on MiFILE and the court states that it does not accept faxed or emailed filings.
- Include payment and a return-copy plan. Opening a decedent estate costs $175.00 for 2026 filings under MCL 600.880 and MCL 600.1986, plus the inventory fee under MCL 600.871. If you want a file-stamped copy back, include an extra copy and a stamped self-addressed envelope because Berrien says it will not otherwise contact you unless a hearing is required.
- Complete notice and publication. After appointment, Berrien's checklist tells the personal representative to serve the appointment notice and proof of service, publish notice to creditors in a Berrien County newspaper the court approves, and send notice to known creditors. Ask the probate court which newspapers it currently approves before placing the publication.
- Handle the inventory in Berrien's local way. The statewide inventory deadline still applies, but Berrien tells unsupervised-estate filers to show the inventory to the court rather than file it. Court staff will calculate the inventory fee and provide an Inventory Fee Calculation Sheet.
- Attend any hearing and finish administration. If a hearing is required, Berrien says the court will contact you with the date and time. The Trial Court holds proceedings both in person and remotely, with Zoom for remote hearings. After authority is issued, administer assets, pay valid claims, distribute property and close using the proper statewide closing form or petition.
Executor duties
In Berrien County, the personal representative should pay attention to two local practices. First, for an unsupervised estate, Berrien asks to be shown the inventory rather than to have it filed, and staff will calculate the inventory fee. If you want the inventory returned, include a stamped self-addressed envelope and a request for return.
Second, even when a lawyer helps, Berrien publishes that an attorney may not sign the acceptance of appointment, inventory, accounts, receipts, sworn statements or bonds for the personal representative. The personal representative signs those papers personally.
Forms and documents
Probate forms in Berrien County
Berrien County Probate Court uses the statewide SCAO PC forms for decedent estates. The court does not require a local estate form or local cover sheet for the Berrien packet. That matches the Michigan rule that, except in formal proceedings and supervised administration, a probate court may not require extra documents beyond what statute or court rule requires (MCR 5.307).
The practical Berrien layer is the court's instruction material. Its decedent-estate page links to the statewide forms and publishes local checklists for informal probate, assignment of property, transfer by affidavit information and safe-deposit-box requests. Printed estate packets are available through the Self-Help Legal Resource Center for $10.00 per packet as posted August 19, 2026, except small-estate documents.
| Filing need | Forms and Berrien notes |
|---|---|
| Informal estate | PC 558, PC 565, PC 566 when needed, PC 557 and PC 564 when needed, PC 568, PC 571 and PC 572, plus the death certificate and original will if there is one. |
| Formal estate | Use the statewide formal petition packet, including PC 559 and hearing notice forms. Berrien says a copy of a will must go before a judge rather than the probate register. |
| Assignment of property | PC 556. For deaths in 2026, the statewide assignment figure is $53,000 under MCL 700.3982. Berrien's instruction sheet asks for funeral and burial proof, valuation support for real property, MC 97 and two death certificates, one redacted. |
| Transfer by affidavit | PC 598 is presented to the institution holding the asset, not filed with the court. For deaths in 2026, the statewide transfer-by-affidavit figure is $53,000 under MCL 700.3983. |
| Safe-deposit box | Berrien points interested parties to the statewide safe-deposit-box forms when a box in Berrien County may hold a will or burial deed. |
Fees
Michigan filing and inventory fees are statutory. Berrien does not add a local filing surcharge. The local money items below are card, copying, printing and delivery charges published by Berrien County offices as of August 19, 2026.
| Local charge | Amount |
|---|---|
| Debit card service charge | $2.50 as posted August 19, 2026. |
| Credit card service charge at the counter | $5.00 as posted August 19, 2026. |
| Credit card payment by telephone | $5.00 added service charge as posted August 19, 2026. |
| Printed estate packet from the Self-Help Legal Resource Center | $10.00 per packet as posted August 19, 2026, excluding small-estate documents. |
| Self-help center copies | $0.25 per page, cash only, as posted August 19, 2026. |
| Delivery of a court copy by fax | $5.00 added charge as posted August 19, 2026. Delivery by email has no added charge. |
Local nuance
Berrien County-specific considerations
| Local point | What it means |
|---|---|
| Paper originals only | Berrien is not on MiFILE. The court says it will not accept faxed or emailed filings, so the original signed papers go to the fourth floor counter or through the mail. |
| Stamped-copy return | If you file by mail and want proof, include an extra copy and a stamped self-addressed envelope. Otherwise, the court says it will contact you only if a hearing is required. |
| Inventory handling | For an unsupervised estate, Berrien asks to be shown the inventory rather than to have it filed. Staff calculates the inventory fee and gives an Inventory Fee Calculation Sheet. |
| Self-help center | The St. Joseph self-help center is in the same courthouse on the second floor and recommends appointments for estates. A Niles counter is open Wednesdays for procedural help, but probate filings still go to St. Joseph. |
| Original will versus copy | Berrien says an original will can be handled informally if valid, but the probate register cannot admit a copy of a will. A copy requires a formal request to the judge. |
| No online probate lookup | There is no online lookup for Berrien probate files. Call the probate court for file questions. |
Small-estate Alternatives
Berrien's local assignment-of-property instructions add practical items to the statewide PC 556 packet. For deaths in 2026, the statewide assignment limit is $53,000 under MCL 700.3982, but Berrien's checklist focuses on what filers often miss: funeral and burial payment proof, proof of value for any real property, MC 97 for protected personal identifying information, and two death certificates, one original and one with the social security number and date of birth redacted.
Berrien also tells assignment filers to call the court for the correct inventory fee or use the Michigan Judiciary inventory fee calculator. The $25.00 assignment filing fee for 2026 filings comes from MCL 600.880, and the inventory fee still applies under MCL 600.871.
Recent updates
| Update | What changed |
|---|---|
| June 29, 2026 | Berrien County Probate Court revised its Petition for Assignment instruction sheet for the assignment-of-property route. |
| No date posted | Berrien County's online civil case search page now states that civil case search is no longer available. There is no online lookup for Berrien probate files. |
Scenarios
| Scenario | Likely Berrien path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title, mortgage status, beneficiary designations and whether any asset actually needs probate. If a Berrien estate must be opened, paper originals go to the probate register on the fourth floor in St. Joseph. If the original will is available and the case is uncontested, Berrien's informal route may allow the probate register to issue letters of authority. | Sunset helps find accounts, identify assets that may pass outside probate, organize the Berrien packet and connect the spouse with a Michigan probate attorney when title or creditor issues need legal work. |
| Out-of-state adult child with small estate | Use the asset list to decide whether assignment of property or transfer by affidavit fits. For a 2026 death, both paths use the $53,000 figure under MCL 700.3982 and MCL 700.3983. Berrien's assignment packet asks for funeral-payment proof and two death certificates. Mail filing and telephone card payment may reduce travel, but any hearing format is set by the court. | Sunset helps search for accounts before choosing a path, prepare the form set, track what must be mailed to St. Joseph, and find local counsel if the institution will not honor the chosen small-estate route. |
| Parent settling predeceased child's estate, home must be sold | A sale or title clearing for Berrien real property often requires full administration and letters of authority. If only a copy of a will exists, Berrien says the matter must go before a judge rather than the probate register. The personal representative should expect notice, inventory, creditor and closing steps. | Sunset helps build the estate settlement checklist, identify mortgages and accounts, generate the probate packet and connect the family to a vetted Michigan probate attorney for the real-property sale. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Berrien County Probate Court | The only counter where a Berrien estate is opened. Staff can provide forms and explain procedure, but cannot give legal advice. | 811 Port Street, 4th Floor, St. Joseph, MI 49085. (269) 983-7111, extension 8365. https://www.berriencounty.org/727/Probate-Court |
| Decedent estates and wills page | Berrien's local estate page with informal, formal and small-estate packets, instruction sheets and links to statewide forms. | https://www.berriencounty.org/1263/Estates |
| Berrien Probate Court questions and answers | Local answers on filing, fees, copies, inventories, wills and service on interested persons. | https://www.berriencounty.org/1335/Frequently-Asked-Questions |
| Self-Help Legal Resource Center | Procedural help, form access and completeness review. Appointments are recommended for estates. | St. Joseph: 811 Port Street, 2nd Floor, (269) 983-7111 extension 8790, Monday through Friday, 8:30 a.m. to 4:30 p.m., closed noon to 1:00 p.m. Niles: 1205 North Front Street, Wednesdays, 9:00 a.m. to 4:30 p.m., closed noon to 1:00 p.m., extensions 6202 or 6203. https://www.berriencounty.org/311/Self-Help-Legal-Resource-Center |
| Estates, trusts and miscellaneous probate forms | The statewide SCAO form set Berrien uses for decedent estates. | https://www.courts.michigan.gov/SCAO-forms/Estates-Trusts/ |
| Inventory fee calculator | Michigan Judiciary calculator for the statutory inventory fee under MCL 600.871. | https://www.courts.michigan.gov/courts/trial-courts/inventory-calculator/ |
| Michigan Legal Help | Plain-language Michigan probate and small-estate information, including guided help for smaller estates. | https://michiganlegalhelp.org/ |
| Legal Aid of Western Michigan, St. Joseph office | Free civil legal help for eligible Berrien County residents. Its listed areas include family, housing, public benefits, consumer, tax and individual rights, so ask at intake whether an estate question fits. | 901 Port Street, St. Joseph, MI 49085. (269) 983-6363. Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. https://lawestmi.org/location/st-joseph-2/ |
When to hire an attorney
Berrien County Probate Court states that an attorney is not required, but it also says probate proceedings can be complex and that legal counsel is recommended if you are unsure about any procedure. Counsel makes particular sense when Berrien real property must be sold, a copy of the will must be admitted by a judge, heirs disagree, creditors are active, or the personal representative lives out of state and cannot easily reach St. Joseph. Sunset connects families to a vetted Michigan probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investments, insurance, retirement assets and other property before the family chooses a Berrien probate path. That asset discovery makes estate settlement more accurate from the first filing.
Generate the probate packet. Sunset turns the family's information into an organized Michigan probate packet, then helps match the documents to Berrien's local filing practices, including paper originals, return-copy envelopes and the court's checklist items.
Find a local probate attorney. When a Berrien estate involves real property, a copy of a will, creditor disputes, contested heirs or a sale that needs legal authority, Sunset can connect the family with a vetted Michigan probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If attorney help is needed, the lawyer's fees are discussed directly with the family before representation begins.
Frequently asked questions
Where do I file probate in Berrien County?
File at Berrien County Probate Court, 811 Port Street, 4th Floor, St. Joseph, MI 49085. Mail filings go to the same address. Venue belongs in Berrien County if the decedent was domiciled in Berrien at death, or if the decedent was not domiciled in Michigan and left property in Berrien County (MCL 700.3201).
Can I e-file a Berrien County probate case?
No. Berrien County Probate Court is not on MiFILE. The court says original documents must be filed with the Probate Court and that faxed or emailed filings are not accepted.
Can I mail the probate papers to Berrien County Probate Court?
Yes. Berrien's own checklist gives the same 811 Port Street address for filing and mailing. If you want a stamped copy returned, include an extra copy and a stamped self-addressed envelope.
How much does it cost to open a Berrien County estate?
For 2026 filings, opening a decedent estate costs $175.00 under MCL 600.880 and MCL 600.1986, plus the statutory inventory fee under MCL 600.871. The filing fee is the same Michigan fee Berrien's checklist lists, and the inventory fee depends on the value of estate assets.
Does Berrien County have its own probate forms?
No local estate form or cover sheet is required. Berrien uses statewide SCAO probate forms, but it publishes helpful local checklists and instruction sheets for informal probate, assignment of property, transfer by affidavit information and safe-deposit-box requests.
How do I look up a Berrien probate case online?
There is no online lookup for Berrien probate files. To ask about a file, call Berrien County Probate Court at (269) 983-7111, extension 8365.
Will my Berrien probate hearing be on Zoom?
The Berrien County Trial Court says it holds proceedings both in person and remotely, and that remote hearings use Zoom. It also tells parties to contact the office of the judge or jurist for the hearing format. Michigan rules presume videoconferencing for uncontested decedent-estate petitions and motions, but the court can require an in-person hearing under MCR 5.140 and MCR 2.407.
Do I have to travel to St. Joseph if I live out of state?
Not always. Berrien accepts mail filings, allows credit card payment by telephone with the service charge it publishes, and will return a stamped copy if you send a spare copy and stamped self-addressed envelope. If a hearing is required, the court will tell you the date, time and format.
What if I only have a copy of the will?
Berrien says its probate register cannot admit a copy of a will in an informal proceeding. If only a copy is available, the petitioner may ask the judge to admit it at a hearing in a formal proceeding.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.