Filing Procedures -

Civil Actions – Summons and Complaint

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What is a civil action?

In probate court, there are two forms of action, a “proceeding” and a “civil action.” A proceeding is started by filing an application or petition – examples of these type of actions (such as Petition for Probate, Petition to Appoint a Conservator) are discussed elsewhere in this court’s website. A lawsuit that is a civil action in probate court is either:

1. Any action against another filed by a fiduciary or trustee; or
2. Any action filed by a claimant after notice that the claim has been disallowed.

Unlike proceedings in probate court, the parties in a civil action are identified as plaintiffs and defendants.

Initiating a Civil Action in Probate Court

1. Forms Used:
   1. Summons, MC 01, Summons
      Click here for instructions to complete form MC 01
   2. Complaint, either using SCAO’s form MC 01a, Complaint, or Self-drafted. The complaint should include all exhibits.
   3. Petitioner filing coversheet, WCPC99;
   4. MC 505, Contact Information; and
   5. If protected personal identifying information (PPII) is redacted and necessary for the Complaint, use the appropriate form, either MC97 or MC97a, to list the PPII.
2. Case Type: All civil actions in Probate Court will be identified as the CZ case type.
3. Submit your completed documents to the Court in the following order (as one PDF if submitting electronically, or as one document if submitted via fax):
   1. WCPC99, Petitioner Filing Coversheet
   2. MC 505, Contact Information
   3. MC 01, Summons
   4. Complaint, either using SCAO’s form MC 01a, Complaint, or Self-drafted and exhibits
   5. MC 97, Protected Personal Identifying Information or MC 97a, Addendum to Protected Personal Identifying Information, if being used for submitting PPII to the court
4. Click here to find out how you can file these documents.
5. Filing Fee - $175 Filing Fee – You will receive written notification from the court (via email if provided or mail if you do not provide your email address) to pay the filing fee once your submission has been accepted. The fee can be paid:
   1. Electronically via ePayment online through the court’s website, or
   2. At the court, through the cashier on the 13th Floor, or
   3. Via mail by CHECK (no out-of-state checks) or MONEY ORDER
      1. Make check payable to: “Wayne County Probate Court”
      2. Mail check/money order along with a letter with your case # referencing what the payment is for to:

         Wayne County Probate Court
         1305 Coleman A. Young Municipal Center
         2 Woodward Ave.
         Detroit, MI. 48226

   4. A fee waiver request can be submitted together with your petition. Click here to learn about the fee waiver process.
6. Issuance of Summons by Court – Once the filing fee is paid, the summons will be issued by the court clerk and you will receive a certified copy of the issued summons and complaint to complete service on all defendants.
7. Hearing Date
   1. Once the proof of service for the summons and complaint has been filed with the court, the matter will be set for hearing and you will be sent notice of hearing information, including ZOOM instructions.
   2. You must serve a copy of the hearing information on all the defendants.
   3. Hearings are conducted by ZOOM unless otherwise indicated. See: ZoomNoticeOfHearing and if applicable, Request to Physically Appear In-Person for A Hearing
   4. You must attend the hearing, or the complaint will be dismissed.

 

 

Rev. 02/2025