Tuesday, November 8, 2016

Appeals from final probate court decisions

MCL 600.308 (part of the Revised Judicature Act, governing courts) and MCL 700.1303 (part of the Estates and Protected Individuals Code, governing procedure in the probate court) have been amended by Public Acts 186 and 287. The two are tie-barred but have different effective dates (9-27-16 and 12-26-16, respectively). 

This changes the former fractured practice, under which some decisions of the probate court were appealed to circuit court and others to the Court of Appeals. Final decisions of the probate court are now appealable by right to the Court of Appeals, as is the case with Circuit Court decisions.