(1) Except as provided in subsection (2), a probate register or deputy probate register is competent to exercise any of the following powers in an uncontested matter or hearing if authorized by general order of the probate judge or chief probate judge of the county in which the probate register or deputy probate register was appointed:
  (a) Determine whether the petitioner or the petitioner’s attorney has complied with the requirements of law and supreme court rules.

Terms Used In Michigan Laws 600.834

  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • judgment: as used in this act , includes decree. See Michigan Laws 600.112
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Probate: Proving a will
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  (b) Take acknowledgments.
  (c) Administer oaths.
  (d) Set hearings.
  (e) Sign notices, citations, and subpoenas.
  (f) Take testimony required by law or supreme court rules in all of the following matters:
  (i) Appointment of a fiduciary of an estate of a deceased or minor.
  (ii) Admission to probate of a will, codicil, or other testamentary instrument.
  (iii) Determination of heirs.
  (iv) Sale, mortgage, or lease of property.
  (v) Assignment of residue of an estate or any part of the residue of an estate.
  (vi) Setting and approval of bonds.
  (vii) Removal of fiduciaries.
  (viii) Issuing of a license to marry, if the issuance of the license is authorized under section 1 of 1897 PA 180, MCL 551.201.
  (g) Perform an act or issue an order as specified in the estates and protected individuals code, 1998 PA 386, MCL 700.1101 to 700.8102, if that act authorizes the probate register to do so.
  (2) A probate register or deputy probate register shall not enter a judgment. A probate register or deputy probate register shall not exercise any power provided in subsection (1) if the matter or hearing is:
  (a) For a commitment to, or incarceration in, an institution or facility.
  (b) For appointment of a guardian of a legally incapacitated individual or the appointment of a conservator for a reason other than minority.
  (c) For or involves a developmentally disabled person.
  (3) An order made by a probate register or deputy probate register shall be made over the name of the probate judge for whom the order is made, and the probate register or deputy probate register shall place his or her signature under the name of the judge. An act done or order made by the probate register or deputy probate register authorized under this section shall have the same validity, force, and effect as though done or made by the judge.
  (4) Upon the oral or written request of an interested party made before commencement or during the hearing of the proceeding, the proceeding shall be taken immediately before the judge for trial or hearing of the issues.
  Previous section
Next section  
 Chapter 8 Contents