Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.866

Appeals to be on record; trial de novo prohibited; notice of appeal; appeals governed by supreme court rule.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


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

Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1981–2026 · leading case: In Re Temple Marital Trust
Sort: Relevance Newest Treatment
In Re Temple Marital Trust (2008) michctapp · cites it 3× “1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H Coe Marital and Residuary Trusts, 233 Mich App 525, 531 ; 593 NW2d 190 (1999).”
In Re Cornet (1985) mich · cites it 2× “866(1) provides: 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 court. An appeal shall not be tried de novo.”
In Re Bailey (1983) michctapp · cites it 2× “We need not, however, decide whether the correct standard is de novo, see Bahr v Bahr, 60 Mich App 354, 360 ; 230 NW2d 430 (1975), or a "clearly erroneous" standard, see MCL 600.866(1); MSA 27A.866(1), since we would reach the same decision under either.”
People v. Dunbar (1985) mich · cites it 2× “1)(2), now MCL 600.866(1); MSA 27A.866(1). The Court has in fact, however, reviewed the case de novo, substituted its judgment for that of the probate court and has invalidated a waiver decision which the majority admits is supported by the record.”
In re Lundy Estate (2011) michctapp “; MCL 600.866(1); MCR 5.802(B)(1). This Court reviews the probate court’s factual findings for clear error and its dispositional rulings for an abuse of discretion.”
in Re Jajuga Estate (2015) michctapp “1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H Coe Marital and Residuary Trusts, 233 Mich App 525, 531 ; 593 NW2d 190 (1999).”
In Re Green Charitable Trust (1988) michctapp “This Court does not review a probate court’s findings of fact de novo, MCL 600.866(1); MSA 27A.866G); MCR 5.802(B)(1), but will review the record to determine whether the findings must be reversed because they are clearly erroneous.”
In Re Cole Estate (1982) michctapp “MCL 600.866; MSA 27A.866. Findings of fact by a probate judge sitting without a jury will not be reversed unless the evidence clearly preponderates in the opposite direction.”
In re Nale Estate (2010) michctapp “2803, refers to first- and second-degree murder, but not manslaughter. At a hearing on the petition, the court disagreed and entered an order granting the petition.”
People v. Fultz (1996) mich “§ 600.866(1); MSA 27A.866(1). The Court has in fact, however, reviewed the case de novo, substituted its judgment for that of the probate court and has invalidated a waiver decision which the majority admits is supported by the record.”
In Re Howarth Estate (1981) michctapp “MCL 600.866; MSA 27A.866. Findings of fact by a probate judge sitting without a jury are not reversed unless the evidence clearly preponderates in the opposite direction.”
In Re Irving (1984) michctapp “MCL 600.866; MSA 27A.866 states that: "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 court.”
Show all 30 citing cases →
— Mich. Comp. Laws § 600.866(1) — 23 cases
In Re Temple Marital Trust (2008) michctapp “1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H Coe Marital and Residuary Trusts, 233 Mich App 525, 531 ; 593 NW2d 190 (1999).”
In Re Bailey (1983) michctapp “We need not, however, decide whether the correct standard is de novo, see Bahr v Bahr, 60 Mich App 354, 360 ; 230 NW2d 430 (1975), or a "clearly erroneous" standard, see MCL 600.866(1); MSA 27A.866(1), since we would reach the same decision under either.”
People v. Dunbar (1985) mich “1)(2), now MCL 600.866(1); MSA 27A.866(1). The Court has in fact, however, reviewed the case de novo, substituted its judgment for that of the probate court and has invalidated a waiver decision which the majority admits is supported by the record.”
In re Lundy Estate (2011) michctapp “; MCL 600.866(1); MCR 5.802(B)(1). This Court reviews the probate court’s factual findings for clear error and its dispositional rulings for an abuse of discretion.”
in Re Jajuga Estate (2015) michctapp “1305; MCL 600.866(1); MCR 5.802(B)(1); In re Webb H Coe Marital and Residuary Trusts, 233 Mich App 525, 531 ; 593 NW2d 190 (1999).”
— Mich. Comp. Laws § 600.866(3) — 4 cases
In Re Cornet (1985) mich “866(1) provides: 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 court. An appeal shall not be tried de novo.”
In Re Dupras (1984) michctapp
In the Matter of Jones (1984) michctapp
Bethany Christian Services v. Cornet (1985) mich
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