Hon. Daniel A. O'Brien

Presiding Judge of Estates and Trusts

About Daniel A. O'Brien

  • Elected to Oakland County Probate Court November 2008
  • Probate Judge 2009 – present
  • University of Detroit School of Law, Juris Doctor 1988
  • Oakland County District Court Magistrate (52-2 Clarkston) 2001 -2008
  • Assistant Oakland County Prosecutor 1991-1995
  • Michigan Court of Appeals Research Attorney 1988 1990 – Served as research attorney for Hon. Myron H. Wahls, Michigan Court of Appeals Judge, 1989 – 1990
  • General practice of civil, criminal and probate 1995 – 2008
  • Michigan Technological University, Bachelor of Science in Electrical Engineering 1981
  • Texas Instruments, Electrical Engineer 1981 - 1985
  • U of D High School 1974
  • Member of Michigan Bar Association, Oakland County Bar Association, Michigan Probate Judges Association and Southeast Michigan Probate Judges Association


In order to better serve the attorneys and litigants appearing in Judge Daniel A. O'Brien's courtroom, we have adopted the following guidelines. Please advise your clients and staff so that there are no misunderstandings.

Motion Day Courtroom Procedures 

  • The combined length of any motion and brief, or of a response and brief, may not exceed 20 pages double spaced, exclusive of attachments and exhibits.
  • The Courtroom will open at 8:00am for checking in purposes. We will begin calling cases as soon thereafter as possible. Attorneys, GAL’s and PA’s - if you are appearing on more than one case, please present the Clerk with a list of your cases and we will attempt to call all of your cases together, based upon the time when you first checked-in.  Please notify the Clerks when all parties are present.  
  • All new Petitions on adult and minor Guardianships and Conservatorships, and all first Petitions in Estate and Trust cases will be scheduled for 10:00am. All other cases will remain on the 8:30am docket. 
  • Attorneys and GAL’s should contact the Judge’s Clerk on any case they know to be contested and will require testimony. The Clerk will then arrange for the case to be heard on a non-motion call docket.  The attorneys and any necessary parties should appear in Court on Motion Day. An adjournment Order shall be filed with the clerk.  Once the Order has been signed by the Judge and take to the Probate Counter for filing, there will be no need to go on the record and the parties will be released.
  • Make sure you hand the clerk a proposed order before your case is called.
  • A Proof of Service must be completely filled out and filed with the court or your case will not be called.