How to Submit Your Emergency Filings

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If you believe your situation is an emergency, please review these guidelines and instructions:

In limited circumstances, the court may consider your petition an “emergency” and schedule a hearing within a few days of filing the petition, rather than the standard timeframe of 3-6 weeks. In most situations, the emergency hearing resolves the matter only temporarily and a full hearing will still need to be held. For example, a guardian can be appointed on a temporary basis only until the full hearing so that the interested persons can be notified and to allow time for the guardian ad litem to report to the court.

To submit your emergency request

  1. Complete wcpc96 Request for Emergency Hearing. This form may also be used to request an emergency hearing after the related petition has already been filed with the court.
    Video instructions on how to complete wcpc96.
  2. Complete the applicable petition and related required documents (if not already filed with the court). The type of Petition and number of forms required will depend on what type of case you are filing. Click on the Information tab above for specific case types. All probate court forms are available to download here.
  3. Submit for filing the completed forms. If submitting via email or fax (the fastest and most convenient method), send the filing to the applicable department according to the court’s Where Do I File chart: wheredoifile.
    1. Email: If you file submit your filing by email, you must attach your filings to the email in one single PDF document. Include “emergency” in your subject line and note the request in the Petitioner Filing Coversheet. The court cannot accept a picture of the document. There are apps available to convert picture images to PDF. Per MCR 1.109(E)(4)(a), the court can accept a typed signature in the following format: /s/your name. All paperwork must be completed (signed) and legible.
    2. Fax: If you submit your filing by fax, you must submit one complete document in each fax transmission (do not send separate pages in separate transmissions). All paperwork must be completed (signed) and legible.
    3. Onsite: If you are unable to submit the filing electronically via email or fax, you may choose to come onsite to the court to submit the documents. Be sure to check the court’s customer service hours and calendar of court closures before coming to the courthouse – see: WCPC - Working Hours. Note, there is added time when filing onsite as the paper submission must be converted to an electronic submission as all files at Wayne County Probate Court are electronic.
  4. Your emergency petition will be processed as quickly as possible.
  5. If your petition is not deemed an emergency by the court, you will receive a hearing date within 3-6 weeks after you have paid your filing fee, or your fee waiver has been approved. If the court determines your request should be set for emergency hearing, a hearing date will be provided to you by email (so long as you provide one).
  6. You may monitor the status of your filing by going to Case Access and searching the case number or name. Your emergency request will be noted in the case record as an EHR Emergency Hearing request. If your emergency request is not showing on Case Access within 2 business days of submission, you may contact the court via email at courtroomfile@wcpc.us to ensure it to ensure it has been received.
  7. Follow the instructions here to pay your fee online prior to the hearing; the fee waiver request form (MC20) may be submitted with your petition.
  8. All hearings are being held via Zoom unless otherwise noted. If you do not attend the hearing, your petition may be dismissed. Zoom hearing information is available here.
  9. Most emergency hearings can only result in temporary orders. A full hearing will be scheduled, and you will be provided with another hearing date and time. You may be required to complete and file additional forms (such as Acceptance of Appointment (PC571) or Proof of Service (PC564) and serve notice on the interested persons.

Examples of Emergency Petitions and links to forms:

Petitions for Immediate Funeral\Burial Arrangements pursuant to MCL 700.3206 and 700.3614.

Guardianships Involving Life-Threatening Medical Emergencies pursuant to MCL 700.5312 or MCL 330.1607

Conservatorships with Immediate Pending Evictions/Foreclosures/Shut Off Notices pursuant to MCL 700.5407

Estates Where Immediate Access to Residence is Necessary under MCL 700.3614.

Requests for Ex-Parte Temporary Restraining Orders

Emergency Petitions Filed by Adult Protective Services and Child Protective Services under MCL 400.11b(6).

  • See guardianship and conservatorship sections above.

Mental Health Pick-Up\Transport Orders pursuant to MCL 330.1436 and 330.1426.

Rev. 4/25