reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.838 - Disqualification of Probate Judge.

600.838 Disqualification of probate judge.
Sec. 838.
(1) A probate judge shall not sit in any proceeding:
(a) In which he is a party, or is financially interested.
(b) In which he would be excluded from being a juror by reason of consanguinity or affinity to any of the parties.
(c) In which he is related within the third degree of consanguinity or affinity to any of the attorneys of any party, witness, or representative in the proceeding. This disqualification may be waived by stipulation filed in the proceeding.
(d) Which involves or may involve the validity or interpretation of a will, contract, deed, mortgage, bill of sale, note or other document which he prepared, in the preparation of which he assisted, or to the execution of which he acted as a witness.
(e) Which involves a contested matter concerning which he advised a party to the contest.
(f) In which a probate register or other employee of the probate court in that county or probate court district, while holding that office or employment, prepared or assisted in the preparation of a will, contract, deed, mortgage, bill of sale, note, or other document involved in the hearing or trial, or acted as a witness to the execution thereof.
(2) A judge of probate shall not decide nor participate in the decision of any question which is argued in the court when he was not present and sitting therein as a judge.
(3) When a probate judge is disqualified within the meaning of subsection (1) or (2), the judge shall be deemed incapacitated for purposes of section 824.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.839 - Probate Judge, Probate Register, or Employee of Probate Court; Prohibitions.

600.839 Probate judge, probate register, or employee of probate court; prohibitions.
Sec. 839.
(1) A probate judge, probate register, or employee of the probate court shall not be:
(a) A fiduciary or appraiser of an estate under the jurisdiction of the probate court in the county or probate court district in which he is a probate judge, probate register, or employee.
(b) An attorney or counsel in an action or matter which may depend upon, or relate to, a sentence or order made or entered by the probate judge in the county or probate court district in which he is a probate judge, probate register, or employee.
(c) An attorney or counsel for or against a fiduciary appointed under the jurisdiction of the probate court in the county or probate court district in which he is a probate judge, probate register, or employee, in any action or proceeding brought by or against the fiduciary as such or in any action or proceeding relating to the official conduct of that fiduciary.
(2) A probate judge shall not have a partner practicing in the probate court in the county or probate court district in which he is a probate judge. Unless he is a party to the proceeding, a probate judge shall not be directly or indirectly interested in the costs of a proceeding that is brought in the probate court in the county or probate court district in which he is a probate judge.
(3) A clerk or employee of the probate court may not be an appraiser, referee, or divider of an estate which is under the jurisdiction of the probate court in the county or probate court district in which he is a clerk or employee.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.841 - Probate Court; Jurisdiction and Power.

600.841 Probate court; jurisdiction and power.
Sec. 841.
(1) The probate court has jurisdiction and power as follows:
(a) As conferred upon it under the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.
(b) As conferred upon it under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(c) As conferred upon it under this act.
(d) As conferred upon it under another law or compact.
(2) In a judicial circuit in which the probate court is affected by a plan of concurrent jurisdiction adopted under chapter 4, the probate court has concurrent jurisdiction with the circuit court or the district court, or both, as provided in the plan of concurrent jurisdiction, except as to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals from the district court and from administrative agencies as authorized by law.
(b) The circuit court has exclusive jurisdiction and power to issue, hear, and determine prerogative and remedial writs consistent with section 13 of article VI of the state constitution of 1963.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1996, Act 388, Eff. Jan. 1, 1998 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000 ;-- Am. 2002, Act 678, Eff. Apr. 1, 2003 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005 ;-- Am. 2012, Act 338, Eff. Jan. 1, 2013 ;-- Am. 2013, Act 164, Imd. Eff. Nov. 12, 2013
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.843 - Contesting Jurisdiction Based on Residence of Person or Location of Person's Property.

600.843 Contesting jurisdiction based on residence of person or location of person's property.
Sec. 843.
Jurisdiction assumed in any case by a judge of probate, so far as it depends on the place of residence of a person, or the location of the person's property, shall not be contested in any other action or proceeding, except in an appeal from the probate court in the original case, or when the want of jurisdiction appears on the face of a petition or from the record.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.845 - Concurrent Jurisdiction of Circuit Court.

600.845 Concurrent jurisdiction of circuit court.
Sec. 845.
The jurisdiction conferred by this chapter shall not be construed to deprive the circuit court in the proper county of concurrent jurisdiction as originally exercised over the same matter.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.846 - Removal of Action or Proceeding to Probate Court.

600.846 Removal of action or proceeding to probate court.
Sec. 846.
In an action or proceeding pending in any other court of this state of which the probate court and the other court have concurrent jurisdiction, the judge of the other court, upon motion of a party and after a finding and order on the jurisdictional issue, may by order remove the action or proceeding to the probate court. If the action or proceeding is removed to the probate court, the judge of the other court shall forward to the probate court the original of all papers in the action or proceeding and thereafter proceedings shall not be had before the other court.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1989, Act 70, Eff. Sept. 1, 1989 ;-- Am. 2016, Act 186, Eff. Sept. 27, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.847 - Powers of Probate Court in Exercise of Jurisdiction.

600.847 Powers of probate court in exercise of jurisdiction.
Sec. 847.
In the exercise of jurisdiction vested in the probate court by law, the probate court shall have the same powers as the circuit court to hear and determine any matter and make any proper orders to fully effectuate the probate court's jurisdiction and decisions.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.848 - Rehearings; Modifying and Setting Aside Orders, Sentences, or Judgments; Order With Respect to Original Hearing or Rehearing of Contested Matter; Exception.

600.848 Rehearings; modifying and setting aside orders, sentences, or judgments; order with respect to original hearing or rehearing of contested matter; exception.
Sec. 848.
(1) Upon petition, where justice requires, and after due notice is given to all parties in interest, the probate court may grant rehearings and modify and set aside orders, sentences, or judgments rendered in the court.
(2) The probate court shall make and enter an order with respect to the original hearing or rehearing of a contested matter within 30 days after the termination of the hearing or rehearing.
(3) This section shall not apply to a proceeding under chapter 10 of Act No. 288 of the Public Acts of 1939, as amended.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.849 - Validity of Order or Decree.

600.849 Validity of order or decree.
Sec. 849.
When the validity of any order or sentence of the probate court is in question in any other action or proceeding, everything necessary to have been done or proved to render the order or decree valid, and which might have been proved by parol at the time of making the order or sentence, and was not required to be recorded, shall, after 20 years from such time, be presumed to have been done or proved, unless the contrary appears on the same record.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.851 - Administration of Oaths; Certification.

600.851 Administration of oaths; certification.
Sec. 851.
Oaths required to be taken by fiduciaries, appraisers, and dividers of estates, or by any other person in relation to any proceeding in the probate court, may be administered by a probate judge, probate register, or notary public, and a certified certificate thereof shall be returned and filed in the probate court.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.852 - Petition, Inventory, Accounting, Proof of Claim, or Proof of Service; Declaration; False Execution and Filing; Penalties.

600.852 Petition, inventory, accounting, proof of claim, or proof of service; declaration; false execution and filing; penalties.
Sec. 852.
(1) A petition, inventory, accounting, proof of claim or proof of service filed with the probate court need not be verified, acknowledged or made on oath if the person signing the instrument states immediately above the date and his signature: "I declare under the penalties of perjury that this _______________ was examined by me and that the contents thereof are true to the best of my information, knowledge and belief." This provision shall not apply to nominations of guardians by minors.
(2) A person who falsely executes and files with the probate court as provided in this section an instrument containing a declaration under the penalty of perjury may be found guilty of contempt of court and punished therefor and shall in addition be subject to the same responsibilities, liabilities, and penalties as he would have been if he had executed the instrument under oath.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.854 - Notice Governed by Supreme Court Rule.

600.854 Notice governed by supreme court rule.
Sec. 854.
Except as otherwise provided by law, any notice required by law shall be governed by supreme court rule.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.855 - Form; Approval.

600.855 Form; approval.
Sec. 855.
For the purpose of achieving uniformity of forms throughout this state in the probate court, effective July 1, 1979, only forms approved by the supreme court or the state court administrator shall be used.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.856 - Change of Venue; Procedure; Contested Venue.

600.856 Change of venue; procedure; contested venue.
Sec. 856.
(1) The venue of all proceedings or any portion thereof may be changed for the convenience of the parties and witnesses or when an impartial trial cannot be had, to the probate court in any other county upon petition of an interested party or upon the motion of the probate judge who has or would have jurisdiction. Copies of documents, as specified by the petitioner, which are on file in the court where the proceedings are pending, together, with any original instrument as specified, shall, without payment therefor, thereupon be transmitted by the probate court to the probate court in the county granted venue. After venue is changed, any notice of hearing which is required to be published shall be published in the county from which venue was changed.
(2) In cases of contested venue, proceedings shall be stayed except in the probate court in the county where first filed until final determination there of venue.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.857 - Jury Trial.

600.857 Jury trial.
Sec. 857.
(1) If a party to a proceeding in the probate court would have had a right before January 1, 1971 to demand a jury to determine a particular issue of fact in the circuit court upon a de novo appeal from that proceeding to the circuit court, that party shall on and after January 1, 1971 have the right to demand a jury to determine that issue of fact in the probate court proceeding.
(2) When a jury is demanded pursuant to law in a proceeding in the probate court, the jury shall be summoned and selected in accordance with sections 1301 to 1354. With respect to jurors any examination, challenge, replacement, oath or other practice which is not governed by the provisions of sections 1301 to 1354 shall be governed by rules adopted by the supreme court.
(3) If a jury trial is demanded in any proceeding by a party having a right to have a jury determine an issue, the demanding party shall pay into court a jury fee in an amount equal to the jury fee required in the circuit court in the same county but not to exceed $30.00, which fee shall be paid to the county treasurer for deposit in the general fund of the county. A jury fee shall not be required from a party demanding a jury trial in the juvenile division of the probate court or under Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.858 - Security for Costs; Award of Costs in Contested Case.

600.858 Security for costs; award of costs in contested case.
Sec. 858.
(1) When it appears reasonable and proper, the probate court may require a party to a proceeding before a hearing to give sufficient security for all costs as may be awarded against that party.
(2) In a contested case, the probate court may award costs to either party to be paid by the other party or out of the estate, as justice and equity requires.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.859 - Taking Testimony; Record; Keeping Index and Original Notes.

600.859 Taking testimony; record; keeping index and original notes.
Sec. 859.
(1) The following testimony before a probate judge shall be recorded:
(a) Testimony in contested matters.
(b) Testimony in matters pertaining to the admission to a hospital or other facility for mentally ill or developmentally disabled persons.
(c) Testimony in matters pertaining to persons having a contagious disease.
(d) Testimony in other matters if requested by an interested party.
(e) Testimony and other proceedings required by supreme court rule.
(2) In matters not governed by subsection (1), testimony before a probate judge, probate register, or deputy probate register may be given orally without a record being made of the testimony.
(3) The court shall keep sufficient index of the testimony and the court shall keep the index and the original notes as prescribed by supreme court rules.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1979, Act 69, Imd. Eff. July 25, 1979 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005 ;-- Am. 2013, Act 201, Imd. Eff. Dec. 18, 2013
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.861 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.

600.861 Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Compiler's Notes:
The repealed section pertained to appeal of orders as matter of right.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.863 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.

600.863 Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Compiler's Notes:
The repealed section pertained to appeal to circuit court and court of appeals.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.866 - Appeals to Be on Record; Trial De Novo Prohibited; Notice of Appeal; Appeals Governed by Supreme Court Rule.

600.866 Appeals to be on record; trial de novo prohibited; notice of appeal; appeals governed by supreme court rule.
Sec. 866.
(1) All appeals from the probate court shall be on a written transcript of the record made in the probate court or on a record settled and agreed to by the parties and approved by the probate court. An appeal shall not be tried de novo.
(2) A party appealing from the probate court shall give notice of appeal to all interested parties as provided by supreme court rule.
(3) Except as otherwise provided in this section and section 867, appeals from the probate court are governed by supreme court rule.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 2016, Act 186, Eff. Sept. 27, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.867 - Stay of Further Proceedings in Pursuance of Judgment, Order, or Sentence; Exception; Application for Delayed Appeal.

600.867 Stay of further proceedings in pursuance of judgment, order, or sentence; exception; application for delayed appeal.
Sec. 867.
(1) After an appeal of right from a judgment or order of the probate court is filed with the court of appeals and notice of the appeal is filed with the probate court, all further proceedings in pursuance of the judgment, order, or sentence, appealed from are stayed for a period of 21 days or, if a motion for stay pending appeal is granted, until the appeal is determined, except as otherwise provided in subsection (2), section 65(2) of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.65, or supreme court rule.
(2) The pendency of an appeal from the family division of the circuit court or from an order of the probate court entered under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or sections 5201 to 5319 of the estates and protected individuals code, 1998 PA 386, MCL 700.5201 to 700.5319, does not stay the judgment or order unless the court from which or to which the appeal is taken specifically orders the stay. An application for a delayed appeal from an order of the family division of the circuit court shall be filed within 6 months after entry of the judgment or order.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1979, Act 69, Imd. Eff. July 25, 1979 ;-- Am. 2016, Act 186, Eff. Sept. 27, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.871 - Decedents' Estates; Fees; Payment; Final Accounting; Receipt.

600.871 Decedents' estates; fees; payment; final accounting; receipt.
Sec. 871.
(1) In all decedents' estates in which proceedings are instituted for probate, the probate court shall charge and collect the following fees as an expense of administration on the value of all assets, as of the date of death of the decedent, as follows:
(a) In an estate of value of less than $1,000.00, $5.00 plus 1% of the amount over $500.00.
(b) In an estate of value of $1,000.00 or more, but less than $3,000.00, $25.00.
(c) In an estate of value of $3,000.00 or more but less than $10,000.00, $25.00 plus 5/8 of 1% of the amount over $3,000.00.
(d) In an estate of value of $10,000.00 or more but less than $25,000.00, $68.75 plus 1/2 of 1% of the amount over $10,000.00.
(e) In an estate of value of $25,000.00 but less than $50,000.00, $143.75 plus 3/8 of 1% of the amount over $25,000.00.
(f) In an estate of value of $50,000.00 but less than $100,000.00, $237.50 plus 1/4 of 1% of the amount over $50,000.00.
(g) In an estate of value of $100,000.00 to $500,000.00, $362.50 plus 1/8 of 1% of the amount over $100,000.00.
(h) For each additional $100,000.00 value, or larger fraction thereof, over $500,000.00, $62.50.
(i) For each additional $100,000.00 value, or larger fraction thereof, over $1,000,000.00, $31.25.
(2) Beginning March 28, 2013, in calculating a fee under subsection (1), if real property that is included in the estate is encumbered by or used as security for an indebtedness, the amount of the indebtedness must be deducted from the value of the real property.
(3) The fees in subsection (1), rounded to the whole dollar, are due and payable to the probate court on or before the closing of the estate or within 1 year after the commencement of probate proceedings, whichever occurs first. The probate court shall not accept a final accounting until the fees are paid in full and shown as part of the final accounting. An official receipt must be issued to the payer when the fees are collected.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005 ;-- Am. 2012, Act 596, Eff. Mar. 28, 2013 ;-- Am. 2018, Act 33, Imd. Eff. Feb. 21, 2018
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.872 - Repealed. 1996, Act 374, Eff. Oct. 1, 1996.

600.872 Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
Compiler's Notes:
The repealed section pertained to exemplifications and certified copies.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.873 - Repealed. 1979, Act 69, Imd. Eff. July 25, 1979.

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.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.874 - Probate Court; Charge and Collection of Fees; Waiver of Fee for Conduct of Marriage Ceremony; Remittance.

600.874 Probate court; charge and collection of fees; waiver of fee for conduct of marriage ceremony; remittance.
Sec. 874.
(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 to take testimony, $7.00.
(c) For taking, certifying, sealing, and forwarding depositions, $5.00, and 10 cents per page, which fees shall be considered as costs in the case; and for each copy of the deposition furnished, 3 cents per page.
(2) A probate judge may waive the fee for performing a marriage ceremony if the parties to the marriage are indigent.
(3) A fee paid under subsection (1)(a) shall be remitted to the probate court for the county in which the probate judge performing the marriage serves.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 2012, Act 266, Imd. Eff. July 3, 2012
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.875 - Charging Estate; Limitation; Conditions.

600.875 Charging estate; limitation; conditions.
Sec. 875.
If the estate of a respondent, minor, legally incapacitated person, or protected person is sufficient, the probate court may charge the estate of the person an amount approved by the court, but not more than the actual cost of the services, for any of the following:
(a) Guardian ad litem appointed to represent the person.
(b) Counsel appointed to represent the person.
(c) Court ordered examination by a physician or mental health professional.
(d) Independent examination by a physician or mental health professional.
History:
Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.876 - Certified Copies for Which Charges or Fees Prohibited.

600.876 Certified copies for which charges or fees prohibited.
Sec. 876.
A charge shall not be made nor shall any fee be collected on account of or by reason of the furnishing of certified copies in connection with proceedings for the admission and commitment of persons to mental hospitals or any facility or institution maintained or operated by the state or the federal government for the care of mentally ill or developmentally disabled persons, or for determining inheritance tax.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 2014, Act 68, Imd. Eff. Mar. 28, 2014
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.877 - Fees; Time of Payment.

600.877 Fees; time of payment.
Sec. 877.
All fees received by the probate court during each month under sections 871 to 874 must be paid on or before the tenth day of the succeeding month as follows:
(a) Beginning March 28, 2013, 47.5% of each fee must be paid to the county treasurer and credited to the county general fund.
(b) Beginning March 28, 2013, 52.5% of each fee must be paid to the state treasurer and credited to the state general fund.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 2012, Act 596, Eff. Mar. 28, 2013 ;-- Am. 2018, Act 33, Imd. Eff. Feb. 21, 2018
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.878 - Transcript Fees.

600.878 Transcript fees.
Sec. 878.
(1) The probate court reporter or recorder may collect for transcripts of testimony requested by any interested party or ordered by the probate judge, other than depositions, the same fees as provided by section 2543 for circuit court reporters or recorders unless a lower rate is agreed upon. The transcript fees so collected shall be paid to the probate court reporter or recorder by the ordering party, or by the county for a transcript ordered by a probate judge, which fees shall accrue to the reporter or recorder as additional compensation.
(2) Fees shall not be charged or collected for transcripts provided under Act No. 243 of the Public Acts of 1919, being section 35.41 of the Michigan Compiled Laws.
History:
Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1986, Act 308, Eff. Jan. 1, 1987
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.879 - Prohibited Compensation, Fees, or Costs; Violation as Malfeasance in Office.

600.879 Prohibited compensation, fees, or costs; violation as malfeasance in office.
Sec. 879.
(1) A probate judge, probate register, clerk, or employee of the probate court shall not receive or accept any compensation whatever for collecting from a fiduciary or estate any fees for the publishing of a notice or matter required in a proceeding in the probate court.
(2) A probate judge shall not collect or receive any fee from, or charge any costs to, a person unless the payment of the fee or costs is expressly authorized by law. A person violating this section is guilty of malfeasance in office.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.880 - Filing Fees for Civil Action to Probate Register; Exceptions; Disposition.

600.880 Filing fees for civil action to probate register; exceptions; disposition.
Sec. 880.
(1) Except as otherwise provided in this section and section 880a, at the time of commencing a civil action or proceeding in the probate court, the party commencing the civil action or proceeding shall pay a $150.00 filing fee to the probate court register.
(2) At the time of commencing a proceeding under section 3982 of the estates and protected individuals code, 1998 PA 386, MCL 700.3982, the party commencing the proceeding shall pay a $25.00 filing fee to the probate court register.
(3) Except as otherwise provided by law, a fee shall not be charged for commencing a proceeding in probate court under a provision of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(4) A party is not required to pay a fee under this section if the party is the attorney general, department of treasury, family independence agency, state public administrator, or administrator of veterans affairs of the United States veterans administration, or an agency of county government.
(5) The probate register, on or before the fifth day of the month following the month in which fees are collected under this section, shall transmit to the county treasurer all fees collected under this section during the preceding month. Within 15 days after receiving the fees, the county treasurer shall transmit all fees collected under subsection (1) to the civil filing fee fund created in section 171 and all fees collected under subsection (2) to the state treasurer for deposit in the state court fund created by section 151a.
History:
Add. 1992, Act 233, Eff. Mar. 31, 1993 ;-- Am. 1993, Act 189, Eff. Oct. 8, 1993 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000 ;-- Am. 2003, Act 138, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.880a - Filing Fee Commencing Guardianship to Probate Register; Exception; Disposition.

600.880a Filing fee commencing guardianship to probate register; exception; disposition.
Sec. 880a.
(1) Except as otherwise provided in this section and section 880, at the time of commencing a guardianship or limited guardianship proceeding in the probate court, the party commencing the proceeding shall pay a $150.00 filing fee to the probate register.
(2) A party is not required to pay a fee under this section if the party is the attorney general, department of treasury, family independence agency, state public administrator, or administrator of veterans affairs of the United States veterans administration, or an agency of county government.
(3) The probate register, on or before the fifth day of the month following the month in which any fees are collected under this section, shall transmit to the county treasurer all fees collected under this section during the preceding month. Within 15 days after receiving the fees, the county treasurer shall transmit all fees collected to the state treasurer for deposit in the civil filing fee fund created by section 171.
History:
Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993 ;-- Am. 2003, Act 138, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.880b - Fees Paid to Probate Register; Exceptions; Disposition.

600.880b Fees paid to probate register; exceptions; disposition.
Sec. 880b.
(1) Except as otherwise provided by law, after the commencement of a civil action or proceeding in the probate court, a party filing a motion, petition, account, objection, or claim shall pay a $20.00 motion fee to the probate register.
(2) The probate register shall charge and collect a $15.00 service fee for each writ of garnishment, attachment, or execution or for each judgment debtor discovery subpoena issued.
(3) A fee shall not be charged under this section in a guardianship or limited guardianship proceeding if the moving party is the subject of the proceeding.
(4) A fee shall not be charged under this section in a conservatorship proceeding if the moving party is the subject of the proceeding or, if the conservatorship is for a minor, for a motion to release restricted funds.
(5) A party is not required to pay a fee under this section if the party is the attorney general, department of treasury, family independence agency, state public administrator, or administrator of veterans affairs of the United States veterans administration, or an agency of county government.
(6) The probate register, on or before the fifth day of the month following the month in which fees are collected under this section, shall transmit to the county treasurer all fees collected under this section during the preceding month. Within 15 days after receiving the fees, the county treasurer shall transmit 50% of each fee collected to the state treasurer for deposit in the state court fund created by section 151a and shall deposit the remaining 50% of each fee in the county general fund for use exclusively for expenses of the probate court, to be first applied toward expenses in adult guardianship proceedings of the independent evaluations, legal counsel, and periodic review mandated by article 5 of the estates and protected individuals code, 1998 PA 386, MCL 700.5101 to 700.5520.
History:
Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000 ;-- Am. 2003, Act 138, Eff. Oct. 1, 2003 ;-- Am. 2003, Act 178, Eff. Oct. 1, 2003
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.880c - Fees for Bringing Appeal, Registering Trust, or Depositing Will; Disposition.

600.880c Fees for bringing appeal, registering trust, or depositing will; disposition.
Sec. 880c.
(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 fee to the probate court register.
(2) Upon registering a trust or depositing a will for safekeeping, the person registering the trust or depositing the will shall pay a $25.00 fee to the probate court register.
(3) The probate court register, on or before the fifth day of the month following the month in which fees are collected under this section, shall transmit all fees collected under this section during the previous month to the county treasurer. The county treasurer shall deposit all the fees in the county general fund for use exclusively for expenses of the probate court, to be first applied toward expenses in adult guardianship proceedings of the independent evaluations, legal counsel, and periodic review mandated by article 5 of the estates and protected individuals code, 1998 PA 386, MCL 700.5101 to 700.5513.
History:
Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.880d - Waiver or Suspension of Fees.

600.880d Waiver or suspension of fees.
Sec. 880d.
A judge of probate shall order that the payment of any fee required under this chapter be waived or suspended, in whole or in part, upon a showing by affidavit of indigency or inability to pay.
History:
Add. 1993, Act 189, Imd. Eff. Oct. 8, 1993
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-8 - Chapter 8 Probate Courts (600.801...600.899) › Section 600.899 - Repeal of MCL 701.1 to 701.18a, 701.20 to 701.45d, 701.50 to 701.55, and 712a.22.

600.899 Repeal of MCL 701.1 to 701.18a, 701.20 to 701.45d, 701.50 to 701.55, and 712A.22.
Sec. 899.
Sections 1 to 18a, 20 to 45d and 50 to 55 of chapter 1 and section 22 of chapter 12A of Act No. 288 of the Public Acts of 1939, as amended, being sections 701.1 to 701.18a, 701.20 to 701.45d, 701.50 to 701.55 and 712A.22 of the Compiled Laws of 1970, are repealed.
History:
Add. 1978, Act 543, Eff. July 1, 1979
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-9 - Chapter 9 Attorneys and Counselors (600.901...600.949) › Section 600.901 - State Bar; Membership; Public Body Corporate.

600.901 State bar; membership; public body corporate.
Sec. 901.
The state bar of Michigan is a public body corporate, the membership of which consists of all persons who are now and hereafter licensed to practice law in this state. The members of the state bar of Michigan are officers of the courts of this state, and have the exclusive right to designate themselves as "attorneys and counselors," or "attorneys at law," or "lawyers." No person is authorized to practice law in this state unless he complies with the requirements of the supreme court with regard thereto.
History:
1961, Act 236, Eff. Jan. 1, 1963
Constitutionality:
The State of Michigan, through the combined actions of the Supreme Court, the Legislature, and the State Bar, may compulsorily exact dues, and require association of attorneys, to support only those duties and functions of the State Bar which serve a compelling state interest and which cannot be accomplished by means less intrusive upon the First Amendment rights of objecting attorneys. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).The regulation of the practice of law, the maintenance of high standards in the legal profession, and the discharge of the profession's duty to protect and inform the public are purposes in which the State of Michigan has a compelling interest justifying unavoidable intrusions on the First Amendment rights of attorneys; on the other hand, political and legislative activities are impermissible intrusions, as are activities designed to further commercial and economic interests of the members of the bar. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-9 - Chapter 9 Attorneys and Counselors (600.901...600.949) › Section 600.904 - State Bar; Regulation by Supreme Court.

600.904 State bar; regulation by supreme court.
Sec. 904.
The supreme court has the power to provide for the organization, government, and membership of the state bar of Michigan, and to adopt rules and regulations concerning the conduct and activities of the state bar of Michigan and its members, the schedule of membership dues therein, the discipline, suspension, and disbarment of its members for misconduct, and the investigation and examination of applicants for admission to the bar.
History:
1961, Act 236, Eff. Jan. 1, 1963
Constitutionality:
The State of Michigan, through the combined actions of the Supreme Court, the Legislature, and the State Bar, may compulsorily exact dues, and require association of attorneys, to support only those duties and functions of the State Bar which serve a compelling state interest and which cannot be accomplished by means less intrusive upon the First Amendment rights of objecting attorneys. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).The regulation of the practice of law, the maintenance of high standards in the legal profession, and the discharge of the profession's duty to protect and inform the public are purposes in which the State of Michigan has a compelling interest justifying unavoidable intrusions on the First Amendment rights of attorneys; on the other hand, political and legislative activities are impermissible intrusions, as are activities designed to further commercial and economic interests of the members of the bar. Falk v State Bar, 418 Mich 270; 342 NW2d 504 (1983).
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-9 - Chapter 9 Attorneys and Counselors (600.901...600.949) › Section 600.907 - State Bar; Subpoena, Administration of Oaths.

600.907 State bar; subpoena, administration of oaths.
Sec. 907.
The state bar of Michigan has the power of subpoena, and the authority to take testimony under oath, which may be exercised by its officers, boards and committees for the purpose of aiding in cases of discipline, suspension, and disbarment of its members, and in cases of applicants for admission to the bar, under such regulations and restrictions as the supreme court may prescribe. The persons exercising the power granted by this section have the power to administer the necessary oaths.
History:
1961, Act 236, Eff. Jan. 1, 1963
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-9 - Chapter 9 Attorneys and Counselors (600.901...600.949) › Section 600.908 - Granting Immunity to Witness in Lawyer Disciplinary Proceeding.

600.908 Granting immunity to witness in lawyer disciplinary proceeding.
Sec. 908.
(1) Upon application filed by the attorney grievance commission, and after affording the witness, the attorney general, and the prosecuting attorney of the county where the alleged violation occurred the opportunity to be heard regarding any objections which any may have, the supreme court may grant immunity to a witness in a lawyer disciplinary proceeding in a manner described in this section.
(2) An order granting immunity shall not be issued if the supreme court determines, based on information supplied by the attorney general or the prosecuting attorney of the county where the alleged violation occurred, that an order of immunity would interfere with an ongoing criminal investigation.
(3) The application shall set forth the proposed questions to be asked and shall be served on the witness, the attorney general, and the prosecuting attorney of the county where the alleged violation occurred.
(4) An order granting immunity shall not extend beyond answers reasonably encompassed within the questions set forth in the application or beyond the scope of the disciplinary proceeding.
(5) A true copy of the order granting immunity shall be delivered to the witness before he or she answers a question which is the subject of the grant of immunity.
(6) A witness granted immunity as provided by this section has the right to be represented by counsel at all times at his or her request.
(7) A person required to answer the questions pursuant to an order granting immunity shall not be prosecuted thereafter for an offense concerning which an answer may have tended to incriminate that person.
(8) A witness who wilfully swears falsely under oath in regard to any matter upon which he or she is being examined under a grant of immunity commits perjury and is guilty of a felony, punishable by imprisonment for not more than 15 years.
(9) The refusal of a witness to answer a question which is the subject of a grant of immunity shall constitute a contempt punishable by the circuit court of the county in which the refusal occurred or by the supreme court.
(10) A copy of the transcript of the questions and answers subject to the grant of immunity shall be delivered to the witness as soon as practicable. The copy of the transcript shall be certified as true by a person authorized to administer oaths in the proceeding.
History:
Add. 1982, Act 166, Imd. Eff. May 31, 1982
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-9 - Chapter 9 Attorneys and Counselors (600.901...600.949) › Section 600.909 - License to Practice Law Subject to Support and Visitation Enforcement Act.

600.909 License to practice law subject to support and visitation enforcement act.
Sec. 909.
A license to practice law in this state is subject to suspension as provided in the support and visitation enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, and the regulated occupation support enforcement act.
History:
Add. 1996, Act 238, Eff. Jan. 1, 1997