Michigan Compiled Laws

Mich. Comp. Laws § 600.861 (2026)

Repealed. 2016, Act 186, Eff. Sept. 27, 2016.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.861 Repealed. 2016, Act 186, Eff. Sept. 27, 2016.

    Repealed. 2016, Act 186, Eff. Sept. 27, 2016.

Compiler's Notes:

    The repealed section pertained to appeal of orders as matter of right.

Notes of Decisions
Cited in 42 cases, 1980–2016 · leading case: In Re Butterfield Est., 300 N.W.2d 359 (Mich. Ct. App. 1980).
In Re Butterfield Est., 300 N.W.2d 359 (Mich. Ct. App. 1980). · cites it 8× “The appeal and the cross-appeal were filed in this Court pursuant to MCL 600.861; MSA 27A.861, which provides inter alia that a party to a proceeding *664 in the probate court may appeal as a matter of right to the Court of Appeals from a "final order affecting the rights or…”
In Re Cornet, 373 N.W.2d 536 (Mich. 1985). · cites it 2× “" [3] MCL 600.861; MSA 27A.861 to MCL 600.867; MSA 27A.”
In Re Waite, 468 N.W.2d 912 (Mich. Ct. App. 1991). · cites it 2× “In this case, a direct appeal was available from the probate court's order of September 15, 1988, adjudging respondent's son a ward of the court and placing him in foster care.”
In Re Swanson Est., 296 N.W.2d 256 (Mich. Ct. App. 1980). · cites it 3× “The circuit court dismissal of the original appeal was apparently grounded on MCL 600.861; MSA 27A.861, which provides, inter alia, that a party to a proceeding in the probate court may appeal as a matter of right to the Court of Appeals from a "final order affecting the rights…”
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “801(B)(2); see also MCL 600.861(a) and MCL 700.1305. Those “final order[s]” of the probate court that are appealable by right to this Court are further “defined .”
In Re Martin, 423 N.W.2d 327 (Mich. Ct. App. 1988). · cites it 4× “This limited inquiry, which is not being made in a direct appeal, must not consider the evidence that was introduced at the hearing on the petition and which formed the basis of the probate court’s disposition of the matter Subsequent to that decision, MCL 600.861; MSA 27A.861…”
In Re Humphrey Est., 309 N.W.2d 722 (Mich. Ct. App. 1981). · cites it 5× “Appellant then filed with this Court a claim of appeal from the order denying this petition pursuant to MCL 600.861; MSA 27A.861, which provides inter alia that a party to a proceeding in the probate court may appeal as a matter of right to the Court of Appeals from a "final…”
In Re Wojan Est., 337 N.W.2d 308 (Mich. Ct. App. 1983). · cites it 2× “MCL 600.861; MSA 27A.861. The plaintiff or proponent in the probate court bears the same evidentiary burden as every litigant in a civil case.”
In the Matter of Meeboer, 350 N.W.2d 868 (Mich. Ct. App. 1984). · cites it 3× “863G) because Meeboer’s conviction was appealable to the Court of Appeals pursuant to MCL 600.861(c)(i); MSA 27A.861(c)(i). This Court granted Meeboer’s application for a delayed appeal from the probate court decision, but ordered the parties to brief the jurisdictional issue.”
Great Lakes Container Corp. v. Werney, 316 N.W.2d 253 (Mich. Ct. App. 1982). · cites it 4× “The appellant personal representative then filed with this Court a claim of appeal from the order of April 2, 1981, pursuant to MCL 600.861; MSA 27A.861, which provides, inter alia, that a party to a proceeding in the probate court may appeal as a *603 matter of right to the…”
In Re Butterfield Est., 341 N.W.2d 453 (Mich. 1983). “" [5] The trustees appealed, and the beneficiaries filed a cross appeal. The Court of Appeals, sua sponte, directed the parties to brief the question whether the probate judge's order was a "final" one appealable to the Court of Appeals under MCL 600.”
In Re Freeman Est., 553 N.W.2d 664 (Mich. Ct. App. 1996). · cites it 4× “§ 600.861; M.S.A. § 27A.861 states that a party to a proceeding in the probate court may appeal the following, as a matter of right, to the Court of Appeals: A final order affecting the rights or interests of any interested person in an estate or trust.”
— Mich. Comp. Laws § 600.861(a) — 4 cases
In re Beatrice Rottenberg Living Trust, 833 N.W.2d 384 (Mich. Ct. App. 2013). “801(B)(2); see also MCL 600.861(a) and MCL 700.1305. Those “final order[s]” of the probate court that are appealable by right to this Court are further “defined .”
in Re Peterson Est., 889 N.W.2d 753 (Mich. Ct. App. 2016).
In Re Freeman Est., 553 N.W.2d 664 (Mich. Ct. App. 1996). “§ 600.861; M.S.A. § 27A.861 states that a party to a proceeding in the probate court may appeal the following, as a matter of right, to the Court of Appeals: A final order affecting the rights or interests of any interested person in an estate or trust.”
Kantner & Assocs. v. William W Freeman Marital Trust, 553 N.W.2d 664 (Mich. Ct. App. 1996).
— Mich. Comp. Laws § 600.861(c) — 1 case
In Re Neubeck, 567 N.W.2d 689 (Mich. Ct. App. 1997).
— Mich. Comp. Laws § 600.861(c)(i) — 2 cases
In Re Martin, 423 N.W.2d 327 (Mich. Ct. App. 1988). “This limited inquiry, which is not being made in a direct appeal, must not consider the evidence that was introduced at the hearing on the petition and which formed the basis of the probate court’s disposition of the matter Subsequent to that decision, MCL 600.861; MSA 27A.861…”
In the Matter of Meeboer, 350 N.W.2d 868 (Mich. Ct. App. 1984). “863G) because Meeboer’s conviction was appealable to the Court of Appeals pursuant to MCL 600.861(c)(i); MSA 27A.861(c)(i). This Court granted Meeboer’s application for a delayed appeal from the probate court decision, but ordered the parties to brief the jurisdictional issue.”
— Mich. Comp. Laws § 600.861(c)(ii) — 3 cases
In Re Cornet, 373 N.W.2d 536 (Mich. 1985). “" [3] MCL 600.861; MSA 27A.861 to MCL 600.867; MSA 27A.”
In re Miller, 167 Mich. App. 75 (Mich. Ct. App. 1988).
Bethany Christian Servs. v. Cornet, 422 Mich. 274 (Mich. 1985).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.