Supreme Court Promulgates New Court Rules for Probate Appeals | Speaker Law
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Supreme Court Promulgates New Court Rules for Probate Appeals

Posted on Thursday, May 17, 2018

  The Supreme Court released updated court rules for probate appeals, to accommodate the major legislative changes from 2016. Effective September 27, 2016, all orders from the probate courts are appealable to the Court of Appeals. MCL 600.683. 

file:///S:/Firm/Appellate%20Practice%20Section/probate%20rule%20proposal/2016-32_2017-06-21_AmendtOfProbateAppeals.pdf

The new court rules are effective immediately (issued June 21, 2017). In sum, they make the following changes: 

 

  • Clarify that the probate appeal is to the Court of Appeals, and eliminate references to circuit court
  • Simplify the language of MCR 5.801(B)(2)(a) – which previously allowed an appeal from an order appointing or removing a “personal representative, conservator, trustee” and now reads “fiduciary” which encompasses all of those categories, and possibly more
  • Adds an appeal by right for an adoption assistance determination
  • Identifies guardianship orders under EPIC as an appeal by right
  • Identifies an order under the Mental Health Code as an appeal by right
  • Identifies an appeal from a civil action commenced in probate court as an appeal by right
  • Requiring parties to identify on the front page of their appeal papers if the case involves an adult or minor guardianship, or an involuntary mental health treatment case.
  • Granting 28 days for an appellant’s brief and 21 days for an appellee’s brief for guardianship appeals and Mental Health Code appeals, and
  • Giving priority status to guardianship and Mental Health Code appeals.
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