Michigan Compiled Laws 236-1961-8 Chapter 8 Probate Courts (600.801...600.899)

• Section 600.801 Probate Court As Court Of Record; Organization.
  The probate court is a court of record and is organized in accordance with this chapter. History: Add. 1978, Act 543, Eff. July 1,...
• Section 600.803 Probate Judge; Number.
  (1) Except as otherwise provided in this section, each county that is not part of a probate court district created by law has 1...
• Section 600.805 Additional Probate Judgeship; Creation; Approval By County; Resolution; Filing; Notice To County Clerk; Effect Of Approval; State's Obligation; Election; First Term; Exception To Resolution Requirement.
  (1) The additional judges of probate permitted by section 803 shall not be filled by election unless the county, by resolution adopted by the...
• Section 600.807 Probate Court Districts.
  A probate court district is created in each of the following described districts when a majority of the electors voting on the question in...
• Section 600.808 Question Of Creation Of District; Submission To Electors; Resolution Calling For Special Election; Form Of Question; Counting, Canvassing, And Returning Votes; Canvassing And Certifying Results; Effect Of Approval; Election Of Probate Judge; Reimbursement Of Costs.
  (1) When each county board of commissioners of a district described in section 807 agrees by resolution to form a district, the question of...
• Section 600.809 Probate Court District; Effective Date; Term Of Incumbent Probate Judge; Election Of Probate Judge.
  (1) Except when the vacancy or vacancies occur after the date established by Act No. 116 of the Public Acts of 1954, as amended,...
• Section 600.810 Probate Court District; Effective Date; Election Of Probate Judge.
  Except when section 809 results in an earlier effective date, a probate court district created under section 808 becomes effective upon the beginning date...
• Section 600.810a Arenac, Kalkaska, Crawford, Lake, Iron, And Ontonagon Counties; Jurisdiction, Powers, Duties, And Title Of Probate Judges; Additional Duties For Probate Judge.
  (1) The probate judges in the counties of Arenac, Kalkaska, Crawford, Lake, Iron, and Ontonagon have the jurisdiction, powers, duties, and title of a...
• Section 600.811 Election Of Probate Judges; Filing Nominating Petitions And Incumbency Affidavits Of Candidacy; Term.
  (1) Judges of probate shall be elected in the manner provided in Act No. 116 of the Public Acts of 1954, as amended. For...
• Section 600.812 Oath.
  A judge of probate after being elected or appointed shall qualify by taking the constitutional oath of office and shall subscribe the same and...
• Section 600.813 Construction Of Chapter.
  (1) This chapter shall not be construed to affect the terms of those judges of probate elected before the effective date of this section...
• Section 600.815 Terms Of Probate Court Prohibited; Probate Court Open At All Reasonable Times; Evening And Weekend Sessions.
  The probate court shall not have terms of court. The probate court shall be open at all reasonable times as fixed by the probate...
• Section 600.816 Probate Judge; Court Sessions At Regional Diagnostic And Treatment Center; Court Sessions At Places Designated By County Chief Probate Judge; Hearing Regarding Incapacitated Or Mentally Ill Person; Site.
  (1) A probate judge shall hold sessions of the probate court at the county seat of each county, unless an alternative primary location is...
• Section 600.817 Books, Printed Blanks, And Stationery; Furniture, Equipment, And Supplies.
  Each county shall provide all books, printed blanks and other stationery necessary for keeping the records in the office of the judge of probate,...
• Section 600.819 Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
  Compiler's Notes: The repealed section pertained to election of a probate judge at annual convention to serve as state presiding probate judge.
• Section 600.821 Probate Judges; Practice Of Law; Annual Salary; County Contribution And Reimbursement; Additional Salary; Increase In Salary.
  (1) The following probate judges shall not engage in the practice of law other than as a judge and shall receive, subject to subsection...
• Section 600.821a Probate Judges' Federal Social Security And Medicare Taxes; Reimbursement To Counties.
  In addition to the reimbursement under section 821(2)(b) to a county or to counties for amounts paid for probate judges' salaries, the state shall...
• Section 600.822 Probate Judge; Annual Salary Based On Population; Payment; Increase Or Decrease In Salary; Representing Party In Contested Proceeding; Additional Salary; Total Annual Salary; State Salary Standardization Payment; Minimum Annual Salary.
  (1) Except as provided in subsection (6), a probate judge not included in section 821 shall receive a minimum annual salary of $20,000.00. Six...
• Section 600.824 Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
  Compiler's Notes: The repealed section pertained to circuit court judge temporarily serving as probate judge.
• Section 600.825 Repealed. 1990, Act 185, Eff. Oct. 1, 1990.
  Compiler's Notes: The repealed section pertained to probate judge serving as probate judge in another county or probate court district.
• Section 600.826 Certain Probate Judges To Assist Other Courts Or Probate Judges For Limited Periods Or Specific Assignments; Legislative Intent.
  (1) A probate judge who is elected or appointed for a county in which the salary of that office is or would have been...
• Section 600.828 Reimbursement For Actual And Necessary Expenses.
  In a probate court district a probate judge who holds court in a county other than the county of his residence shall be reimbursed...
• Section 600.829 Probate Judge; Additional Salary And Reimbursement For Expenses; Payment Of Compensation And Expenses; Voucher; Compensation Provided Pursuant To Mcl 600.225(6).
  (1) When a probate judge of another county or probate court district is performing duties under sections 824 or 825, he or she shall...
• Section 600.831 Powers, Duties, And Compensation Of Probate Judges Of County Having 2 Or More Probate Judges; Power Vested In Chief Probate Judge; Selection, Powers, And Duties Of Probate Judges In Counties Of 1,000,000 Or More.
  (1) The probate judges of a county having 2 or more probate judges shall have equal powers, duties, and compensation except that the power...
• Section 600.832 Seal, Records, Books, Files, And Papers; Possession; Maintenance.
  The clerk of the probate court shall have possession of the seal, records, books, files, and papers belonging to the probate court in the...
• Section 600.833 Probate Register; Appointment; Salary; Oath; Bond; Term; Appointment, Compensation, Term, Powers, And Oath Of Deputy Probate Registers.
  (1) In each county the probate judge of the county or probate court district, or the chief probate judge in a county having 2...
• Section 600.834 Probate Register Or Deputy Probate Register; Powers In Uncontested Matter Or Hearing; Entry Of Judgment Prohibited; Restriction On Powers; Orders And Acts; Trial Or Hearing Of Issues.
  (1) Except as provided in subsection (2), a probate register or deputy probate register is competent to exercise any of the following powers in...
• Section 600.835 Official Court Reporters Or Certified Recorders; Salary; Oath; Expenses; Order For Payment; Residence Of Reporter Or Recorder.
  (1) The probate judge or chief probate judge of any county or probate court district may appoint, and in counties having a population of...
• Section 600.836 Allocating Duties; Combining Title And Powers.
  The probate judge or chief probate judge may allocate the duties of the deputy registers, clerks, and reporters or recorders, and may combine the...
• Section 600.837 Operation Of Probate Court; Appropriation; Employer; Authority; Collective Bargaining; Appointment, Supervision, Discipline, And Dismissal Of Employees; Transfer Of Employees; Effect Of Existing Collective Bargaining Agreement; Control Of Employees; Chief Judge As Principal Administrator; “county-paid Employees Of The Probate Court” Defined.
  (1) The county board of commissioners in each county shall annually appropriate, by line-item or lump-sum budget, funds for the operation of the probate...
• Section 600.838 Disqualification Of Probate Judge.
  (1) A probate judge shall not sit in any proceeding: (a) In which he is a party, or is financially interested. (b) In which...
• Section 600.839 Probate Judge, Probate Register, Or Employee Of Probate Court; Prohibitions.
  (1) A probate judge, probate register, or employee of the probate court shall not be: (a) A fiduciary or appraiser of an estate under...
• Section 600.841 Probate Court; Jurisdiction And Power.
  (1) The probate court has jurisdiction and power as follows: (a) As conferred upon it under the estates and protected individuals code, 1998 PA...
• Section 600.843 Contesting Jurisdiction Based On Residence Of Person Or Location Of Person's Property.
  Jurisdiction assumed in any case by a judge of probate, so far as it depends on the place of residence of a person, or...
• Section 600.845 Concurrent Jurisdiction Of Circuit Court.
  The jurisdiction conferred by this chapter shall not be construed to deprive the circuit court in the proper county of concurrent jurisdiction as originally...
• Section 600.846 Removal Of Action Or Proceeding To Probate Court.
  In an action or proceeding pending in any other court of this state of which the probate court and the other court have concurrent...
• Section 600.847 Powers Of Probate Court In Exercise Of Jurisdiction.
  In the exercise of jurisdiction vested in the probate court by law, the probate court shall have the same powers as the circuit court...
• Section 600.848 Rehearings; Modifying And Setting Aside Orders, Sentences, Or Judgments; Order With Respect To Original Hearing Or Rehearing Of Contested Matter; Exception.
  (1) Upon petition, where justice requires, and after due notice is given to all parties in interest, the probate court may grant rehearings and...
• Section 600.849 Validity Of Order Or Decree.
  When the validity of any order or sentence of the probate court is in question in any other action or proceeding, everything necessary to...
• Section 600.851 Administration Of Oaths; Certification.
  Oaths required to be taken by fiduciaries, appraisers, and dividers of estates, or by any other person in relation to any proceeding in the...
• Section 600.852 Petition, Inventory, Accounting, Proof Of Claim, Or Proof Of Service; Declaration; False Execution And Filing; Penalties.
  (1) A petition, inventory, accounting, proof of claim or proof of service filed with the probate court need not be verified, acknowledged or made...
• Section 600.854 Notice Governed By Supreme Court Rule.
  Except as otherwise provided by law, any notice required by law shall be governed by supreme court rule. History: Add. 1978, Act 543, Eff....
• Section 600.855 Form; Approval.
  For the purpose of achieving uniformity of forms throughout this state in the probate court, effective July 1, 1979, only forms approved by the...
• Section 600.856 Change Of Venue; Procedure; Contested Venue.
  (1) The venue of all proceedings or any portion thereof may be changed for the convenience of the parties and witnesses or when an...
• Section 600.857 Jury Trial.
  (1) If a party to a proceeding in the probate court would have had a right before January 1, 1971 to demand a jury...
• Section 600.858 Security For Costs; Award Of Costs In Contested Case.
  (1) When it appears reasonable and proper, the probate court may require a party to a proceeding before a hearing to give sufficient security...
• Section 600.859 Taking Testimony; Record; Keeping Index And Original Notes.
  (1) The following testimony before a probate judge shall be recorded: (a) Testimony in contested matters. (b) Testimony in matters pertaining to the admission...
• Section 600.861 Appeal Of Orders As Matter Of Right.
  A party to a proceeding in the probate court may appeal the following orders as a matter of right to the court of appeals:...
• Section 600.863 Appeal To Circuit Court And Court Of Appeals; Interlocutory Appeal.
  (1) Except when prohibited by statute, a person aggrieved by an order, sentence, or judgment of the probate court, other than an order appealable...
• Section 600.866 Appeals To Be On Record; Trial De Novo Prohibited; Notice Of Appeal; Appeals Governed By Supreme Court Rule.
  (1) All appeals from the probate court shall be on a written transcript of the record made in the probate court or on a...
• Section 600.867 Cessation Of Further Proceedings In Pursuance Of Order, Sentence, Or Judgment Appealed From; Exception; Suspension Of Order; Application For Delayed Appeal.
  (1) After an appeal is claimed and notice of the appeal is given at the probate court, all further proceedings in pursuance of the...
• Section 600.871 Decedents' Estates; Fees; Payment; Final Accounting; Receipt; Duties Of Probate Court.
  (1) In all decedents' estates in which proceedings are instituted for probate, the probate court shall charge and collect the following fees as an...
• Section 600.872 Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
  Compiler's Notes: The repealed section pertained to exemplifications and certified copies.
• Section 600.873 Repealed. 1979, Act 69, Imd. Eff. July 25, 1979.
  Compiler's Notes: The repealed section pertained to certified copy or exemplification of record, paper, or proceeding.
• Section 600.874 Probate Court; Charge And Collection Of Fees; Waiver Of Fee For Conduct Of Marriage Ceremony; Remittance.
  (1) The probate court shall charge and collect the following fees: (a) For performing a marriage ceremony, $10.00. (b) For issuance of a commission...
• Section 600.875 Charging Estate; Limitation; Conditions.
  If the estate of a respondent, minor, legally incapacitated person, or protected person is sufficient, the probate court may charge the estate of the...
• Section 600.876 Certified Copies For Which Charges Or Fees Prohibited.
  A charge shall not be made nor shall any fee be collected on account of or by reason of the furnishing of certified copies...
• Section 600.877 Fees; Time Of Payment.
  All fees received by the probate court during each month under sections 871 to 874 shall be paid on or before the tenth day...
• Section 600.878 Transcript Fees.
  (1) The probate court reporter or recorder may collect for transcripts of testimony requested by any interested party or ordered by the probate judge,...
• Section 600.879 Prohibited Compensation, Fees, Or Costs; Violation As Malfeasance In Office.
  (1) A probate judge, probate register, clerk, or employee of the probate court shall not receive or accept any compensation whatever for collecting from...
• Section 600.880 Filing Fees For Civil Action To Probate Register; Exceptions; Disposition.
  (1) Except as otherwise provided in this section and section 880a, at the time of commencing a civil action or proceeding in the probate...
• Section 600.880a Filing Fee Commencing Guardianship To Probate Register; Exception; Disposition.
  (1) Except as otherwise provided in this section and section 880, at the time of commencing a guardianship or limited guardianship proceeding in the...
• Section 600.880b Fees Paid To Probate Register; Exceptions; Disposition.
  (1) Except as otherwise provided by law, after the commencement of a civil action or proceeding in the probate court, a party filing a...
• Section 600.880c Fees For Bringing Appeal, Registering Trust, Or Depositing Will; Disposition.
  (1) Upon appeal from the probate court to the circuit court or court of appeals, the party bringing the appeal shall pay a $25.00...
• Section 600.880d Waiver Or Suspension Of Fees.
  A judge of probate shall order that the payment of any fee required under this chapter be waived or suspended, in whole or in...
• Section 600.899 Repeal Of Mcl 701.1 To 701.18a, 701.20 To 701.45d, 701.50 To 701.55, And 712a.22.
  Sections 1 to 18a, 20 to 45d and 50 to 55 of chapter 1 and section 22 of chapter 12A of Act No. 288...

Last modified: October 10, 2016