Michigan § 600.838 - Disqualification of probate judge.

Full text of Michigan Michigan Compiled Laws § 600.838 — Disqualification of probate judge., with citation guidance and answers to common questions.

§ 600.838. Disqualification of probate judge.

Sec. 838.(1)

A probate judge shall not sit in any proceeding:

(a)

In which he is a party, or is financially interested.

(b)

In which he would be excluded from being a juror by reason of consanguinity or affinity to any of the parties.

(c)

In which he is related within the third degree of consanguinity or affinity to any of the attorneys of any party, witness, or representative in the proceeding. This disqualification may be waived by stipulation filed in the proceeding.

(d)

Which involves or may involve the validity or interpretation of a will, contract, deed, mortgage, bill of sale, note or other document which he prepared, in the preparation of which he assisted, or to the execution of which he acted as a witness.

(e)

Which involves a contested matter concerning which he advised a party to the contest.

(f)

In which a probate register or other employee of the probate court in that county or probate court district, while holding that office or employment, prepared or assisted in the preparation of a will, contract, deed, mortgage, bill of sale, note, or other document involved in the hearing or trial, or acted as a witness to the execution thereof.

(2)

A judge of probate shall not decide nor participate in the decision of any question which is argued in the court when he was not present and sitting therein as a judge.

(3)

When a probate judge is disqualified within the meaning of subsection (1) or (2), the judge shall be deemed incapacitated for purposes of section 824.

Source: official Michigan text · Last verified 2026-08-27

Frequently Asked Questions About Michigan § 600.838

What does Michigan Compiled Laws § 600.838 cover?

Section 600.838 ("Disqualification of probate judge.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Michigan § 600.838?

A common citation format is "Michigan Compiled Laws § 600.838" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 600.838 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.