Rule 5.801 - Appeals to Court of Appeals(A) Appeal of Right. A party or an interested person aggrieved by a final order of the probate court may appeal as a matter of right as provided by this rule. Orders appealable of right to the Court of Appeals are defined as and limited to the following:
(1) a final order, as defined in MCR 7.202(6)(a), affecting the rights or interests of a party to a civil action commenced in the probate court under MCR 5.101(C);(2) a final order affecting the rights or interests of an interested person in a proceeding involving a decedent estate, the estate of a person who has disappeared or is missing, a conservatorship or other protective proceeding, the estate of an individual with developmental disabilities, or an inter vivos trust or a trust created under a will. These are defined as and limited to orders resolving the following matters: (a) appointing or removing a fiduciary or trust director as defined in MCL 700.7103(m), or denying such an appointment or removal;(b) admitting or denying to probate of a will, codicil, or other testamentary instrument;(c) determining the validity of a governing instrument as defined in MCL 700.1104(m);(d) interpreting or construing a governing instrument as defined in MCL 700.1104(m);(e) approving or denying a settlement relating to a governing instrument as defined in MCL 700.1104(m);(f) reforming, terminating, or modifying or denying the reformation, termination or modification of a trust;(g) granting or denying a petition to consolidate or divide trusts;(h) discharging or denying the discharge of a surety on a bond from further liability;(i) allowing, disallowing, or denying a claim;(j) assigning, selling, leasing, or encumbering any of the assets of an estate or trust;(k) authorizing or denying the continuation of a business;(l) determining special allowances in a decedent's estate such as a homestead allowance, an exempt property allowance, or a family allowance;(m) authorizing or denying rights of election;(n) determining heirs, devisees, or beneficiaries;(o) determining title to or rights or interests in property;(p) authorizing or denying partition of property;(q) authorizing or denying specific performance;(r) ascertaining survivorship of parties;(s) granting or denying a petition to bar a mentally incompetent or minor wife from dower in the property of her living husband;(t) granting or denying a petition to determine cy pres;(u) directing or denying the making or repayment of distributions;(v) determining or denying a constructive trust;(w) determining or denying an oral contract relating to a will;(x) allowing or disallowing an account, fees, or administration expenses;(y) surcharging or refusing to surcharge a fiduciary or trust director as referred to in MCL 700.7103(m);(z) determining or directing payment or apportionment of taxes;(aa) distributing proceeds recovered for wrongful death under MCL 600.2922;(cc) granting or denying a petition for instructions;(dd) authorizing disclaimers.(ee) allowing or disallowing a trustee to change the principal place of a trust's administration;(ff) adoption assistance determinations pursuant to MCL 400.115k;(3) a final order affecting the rights and interests of an adult or a minor in a guardianship proceeding under the Estates and Protected Individuals Code;(4) a final order affecting the rights or interests of a person under the Mental Health Code;(5) an order entered in a probate proceeding, other than a civil action commenced in a probate court, that otherwise affects with finality the rights or interests of a party or an interested person in the subject matter; or(6) other appeals as provided by law.(B) Appeal by Leave. All orders of the probate court not listed in subrule (A) are appealable to the Court of Appeals by leave of that court.Last amended effective 6/21/2017; amended August 14, 2019, effective 8/14/2019.