Kalamazoo County Probate Court
| Location: |
|
150 East Crosstown Parkway
Kalamazoo, Michigan 49001
|
| |
| Phone: |
|
269-383-8666
|
| |
| Fax: |
|
269-383-8685
|
| |
| Hours: |
|
Monday-Friday, 8:00 a.m. to 5:00 p.m.
Closed 12:00 p.m. to 1:00 p.m.
Tuesdays: Open at 9:00 a.m.
|
Judicial
Honorable Donald R. Halstead, Chief Probate Judge - Court H
150 E Crosstown Parkway
Kalamazoo, Michigan 49001
(269-383-8669)
Honorable Patricia N. Conlon, Probate Judge Pro Tem - Court G
Assigned to Kalamazoo County Circuit Court, Family Division
1400 Gull Road
Kalamazoo, Michigan 49007
(269-385-6003)
Honorable Carolyn H. Williams, Probate Judge - Court F
Assigned to Kalamazoo County Circuit Court, Family Division
1400 Gull Road
Kalamazoo, Michigan 49007
(269-385-6001)
Administration
Suzanne M Darling, Probate Register and Court Administrator
150 E Crosstown Parkway
Kalamazoo, Michigan 49001
(269-383-8687)
Special Services
Patrick Neal, Intake Specialist (269-384-8193)
Karen Haupt, Guardianship/Adoption Caseworker (269-384-8259)
Probate Staff
Velma Weston, Chief Deputy Register and Office Manager (269-383-8664)
Linda Miller, Court Recorder/Judicial Secretary (269-383-8669)
Sue Hatfield, Deputy Register (269-383-8665)
Gloria LaForce, Deputy Register (269-383-8666)
Mary Haskamp, Deputy Register (269-384-8178)
Andrea Lutz, Deputy Register (269-383-8667)
Rose Smith, Deputy Register (269-383-8667)
Donna Norton, Deputy Register (269-384-8072)
Andrew Carlson, Deputy Register (269-383-8933)
Summary
There is a Probate Court in each Michigan County with the
exception of ten counties that have consolidated to form five
Probate Court districts. Each district has one judge, and
each of the remaining counties has one or more judges depending
on population and caseload within the county. Probate judges are
elected on a nonpartisan ballot for six-year terms,
subject to the same requirements as other judges.
Jurisdiction
The Probate Court has jurisdiction in all matters, including but not
limited to the settlement of estates, the execution of wills,
appointment of guardians for incapacitated adults and minors, appointment of
conservators for incapacitated adults and minors, and the commitment of
persons determined to be mentally ill for involuntary treatment. Currently,
two of the Probate judges are assigned to preside over matters in the
Family Division of the Circuit Court.
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 function of the court demonstrates one of the important purposes
of courts in our society -- they make a formal record
of the legal status of property.
Guardianships and Conservatorships
The Probate Court is responsible for appointing guardians and
conservators for incapacitated adults and minors who cannot make responsible
decisions about themselves or their property. In these cases the
judge must decide whether the person in question has a mental,
physical or legal limitation, which requires the judge to appoint a
guardian to make decisions concerning the person's health and personal
life or appoint a conservator to make responsible decisions concerning
management of property and money. The Probate Court is also responsible
for reviewing guardianships at the end of one year and every three years
thereafter for adults. For minors the court is responsible for reviewing
the guardianship yearly until the minor reaches age six.
Mental Health Proceedings
Another major function of the Probate Court concerns proceedings under the
Mental Health Code. These proceedings pertain to commitment for hospital
care of and for persons alleged to have a mental illness and
guardianship proceedings for individuals with a developmentally disability.
Mental Health Commitment Information
The Kalamazoo County Probate Court presides over cases where commitment is sought:
- for persons who are mentally ill
- who meet commitment criteria and
- who do not accept voluntary treatment
If you would like assistance in accessing mental health services
for someone you know, you may call the Court at (269) 383-8666,
Monday-Friday, from 8:00 a.m. until 5:00 p.m. or Access Center,
418 West Kalamazoo Avenue, Kalamazoo, Michigan. (269) 373-6000-Helpline.
Criteria for Commitment
In Michigan, the criteria for involuntary mental health commitment are as follows:
- The person must be mentally ill, that
is, suffer from " "a substantial disorder
of thought or mood which significantly impairs
judgment, behavior, capacity to recognize reality,
or ability to cope with the ordinary demands of
life." MCL 330.1400a
- In addition to mental illness, there must
be present an element of injurious behavior or an inability
to care for ones basic physical needs. The statute states
these requirements as follows: (either, together with a
finding of mental illness is sufficient for an initial
involuntary commitment)
A person who as a result of the mental illness
can reasonably be expected within the near future to
intentionally or unintentionally seriously physically injure
himself or another person, and who has engaged in an act or
acts or made significant threats that are substantially
supportive of the expectation.
A person who as a result of the mental illness is unable
to attend to those basic physical needs such as food, clothing,
or shelter that must be attended to in order to avoid serious
harm in the near future and who has demonstrated that inability
by failing to attend to those basic physical needs.
[There is a third element which may substitute for one of
the above in cases where a Petition for Continuing Treatment
is filed or a Petition (as opposed to an application) is
filed. This third element is:
A person who as a result of the mental illness has
judgment impaired such that the person is unable to understand
the need for treatment and whose continued behavior as a
result of the mental illness can be expected on the basis
of competent clinical opinion to result in significant harm to
self or others.
Location of Hearings
Mental health hearings are held weekly at the following designated sites:
- Borgess Medical Center
1 North
1521 Gull Road
Kalamazoo, MI
- Kalamazoo Psychiatric Hospital
1312 Oakland Drive
Kalamazoo, MI
Miscellaneous
The Probate Court handles other matters including but
not limited to allowing persons to deposit their will
in a designated vault ($25 each), delayed registration of
foreign births, opening decedent safe deposit boxes, poor
person petitions, signing notary public applications, secret
marriages, appointing members to the soldier's relief
commission, state boundary commission, and tax commission.
Probate Fees
| |
Current Fee |
New Fee as of October 1, 2003 |
| Guardianship Petitions |
$50.00 |
$150.00 |
| Conservatorship Petitions |
$100.00 |
$150.00 |
| Protective Order |
$100.00 |
$150.00 |
| Deceased Estates |
$100.00
plus inventory fee |
$150.00
plus inventory fee |
| Guardianship for an Individual with a
Developmental Disability |
no fee |
no fee |
| Petitions for Involuntary
Psychiatric Treatment |
no fee |
no fee |
| Supervision of Trust |
$100.00 |
$150.00 |
| $17,000 Small Estate |
$25.00 plus inventory fee and
$11.00 certification fee |
$25.00 plus inventory fee and
$11.00 certification fee |
| Wills filed for Safekeeping |
$25.00 |
$25.00 |
| Registration of Trusts |
$25.00 |
$25.00 |
| Subsequent Petitions, Motions, Objections |
$15.00 |
$20.00 |
| Accounts |
$15.00 |
$20.00 |
| Claims |
$15.00 |
$20.00 |
| Civil Actions |
$100.00 |
$150.00 |
| Certified Documents |
$10.00 for the first page,
$1.00 for other pages of same document |
$10.00 for the first page,
$1.00 for other pages of same document |
Circuit Court Matters Currently Filed With The Probate Court
150 East Crosstown Parkway
Kalamazoo, Michigan 49001
Change of Name
The Family Division of the Circuit Court for
a county may enter an order to change
the name of a person who has been
a resident of the county for not less
then one year and who petitions in writing
to the court for that purpose showing a
sufficient reason for the proposed change and that
the change is not sought with any fraudulent intent.
Adoption
A petition for adoption is filed in the Family
Division of Circuit Court in the county where the
petitioners reside or where the child is found.
Michigan adoption law allows for the following types of adoptions:
- Direct Placement Adoptions involve placement in which
a parent or guardian selects an adoptive parent
for a child. This can be preceded
by a temporary placement in the home of
the selected adoptive parent.
- Relative Adoptions occurs when there is a
relationship between the child and the adoptive parents
within the fifth degree by marriage, blood, or adoption.
- Agency/Michigan Independence Agency Placement Adoption
involves placement in which a child placing agency,
the department or a court selects the adoptive parent.
- Stepparent Adoption is one in which the custodial parent
together with their spouse petitions for adoption of the child.
- Foreign Adoptions currently involve adoptions
from the countries of Korea and India.
Release and consent hearings for adoption matters are
assigned to the Probate Court. The difference between
a release and consent is that in a consent the parental
rights over a specific child are voluntary relinquished to
the court for placement with a specific adoptive parent and
in a release the parental rights are voluntarily relinquished
to the department or to a child-placing agency. Court
caseworkers complete investigations on all stepparent and
relative adoptions and all investigations prior to consent
hearings.
Michigan adoption law also requires the courts to
release certain information from adoption records to
adult adoptees, former family members and adoptive
parents of a minor child.
Emancipation
Any minor who is at least sixteen years of age
can ask the Family Division of the Circuit Court to
be freed from the supervision and control of his or
her parents. This is called emancipation. Once an
emancipation order is granted, the minor will have
the same rights and responsibilities as an adult.
An emancipated minor, however, will not automatically
be entitled to do certain things such as vote or legally
drink alcoholic beverages. Age requirements established
by law for certain acts are still enforced.
Fees For Circuit Court Matters Filed In Probate Court
| |
Current Fee |
New Fee as of October 1, 2003 |
| Name Change Petitions |
$100.00 |
$150.00 |
| Adoption Petitions |
$100.00 |
$150.00 |
| Emancipation Petition |
$100.00 |
$150.00 |
| Motion Fee |
$20.00 |
$20.00 |
| Certified Documents |
$10.00 for the first page,
$1.00 for other pages of same document |
$10.00 for the first page,
$1.00 for other pages of same document |
Court Holidays - 2003
New Years Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
Martin Luther King Jr. Day
Presidents' Day
Veterans' Day
New Year's Eve
Other Sites Of Interest
State Sites:
http://courts.michigan.gov/
http://courtofappeals.mijud.net/
http://www.icle.org/michlaw/
http://www.icle.org/
http://www.michigan.gov/
http://www.michiganlegislature.org/
http://www.state.mi.us/mdoc/asp/otis2.html
Forms:
http://courts.michigan.gov/scao/courtforms/index.htm
County Sites:
http://courts.co.calhoun.mi.us/index.html
http://www.calhoun-mi.com/Government/OtherCountyGovernment.htm
http://www.co.kent.mi.us/government/courts/probate_index.htm
http://www.co.washtenaw.mi.us/DEPTS/COURTS/INDEX.HTM
http://www.co.ottawa.mi.us/Courts/Probate/probate.htm
|
