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
Structure 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 600.801 - Probate Court as Court of Record; Organization.
Section 600.803 - Probate Court District.
Section 600.807 - Probate Court Districts.
Section 600.810 - Probate Court District; Effective Date; Election of Probate Judge.
Section 600.813 - Construction of Chapter.
Section 600.817 - Books, Printed Blanks, and Stationery; Furniture, Equipment, and Supplies.
Section 600.819 - Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
Section 600.824 - Repealed. 2011, Act 217, Imd. Eff. Nov. 10, 2011.
Section 600.825 - Repealed. 1990, Act 185, Eff. Oct. 1, 1990.
Section 600.828 - Reimbursement for Actual and Necessary Expenses.
Section 600.832 - Seal, Records, Books, Files, and Papers; Possession; Maintenance.
Section 600.836 - Allocating Duties; Combining Title and Powers.
Section 600.838 - Disqualification of Probate Judge.
Section 600.839 - Probate Judge, Probate Register, or Employee of Probate Court; Prohibitions.
Section 600.841 - Probate Court; Jurisdiction and Power.
Section 600.845 - Concurrent Jurisdiction of Circuit Court.
Section 600.846 - Removal of Action or Proceeding to Probate Court.
Section 600.847 - Powers of Probate Court in Exercise of Jurisdiction.
Section 600.849 - Validity of Order or Decree.
Section 600.851 - Administration of Oaths; Certification.
Section 600.854 - Notice Governed by Supreme Court Rule.
Section 600.855 - Form; Approval.
Section 600.856 - Change of Venue; Procedure; Contested Venue.
Section 600.858 - Security for Costs; Award of Costs in Contested Case.
Section 600.859 - Taking Testimony; Record; Keeping Index and Original Notes.
Section 600.861 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Section 600.863 - Repealed. 2016, Act 186, Eff. Sept. 27, 2016.
Section 600.871 - Decedents' Estates; Fees; Payment; Final Accounting; Receipt.
Section 600.872 - Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
Section 600.873 - Repealed. 1979, Act 69, Imd. Eff. July 25, 1979.
Section 600.875 - Charging Estate; Limitation; Conditions.
Section 600.876 - Certified Copies for Which Charges or Fees Prohibited.
Section 600.877 - Fees; Time of Payment.
Section 600.878 - Transcript Fees.
Section 600.879 - Prohibited Compensation, Fees, or Costs; Violation as Malfeasance in Office.
Section 600.880 - Filing Fees for Civil Action to Probate Register; Exceptions; Disposition.
Section 600.880a - Filing Fee Commencing Guardianship to Probate Register; Exception; Disposition.
Section 600.880b - Fees Paid to Probate Register; Exceptions; Disposition.
Section 600.880c - Fees for Bringing Appeal, Registering Trust, or Depositing Will; Disposition.
Section 600.880d - Waiver or Suspension of Fees.
Section 600.899 - Repeal of MCL 701.1 to 701.18a, 701.20 to 701.45d, 701.50 to 701.55, and 712a.22.