{"data":{"id":"us-mi/mich.-comp.-laws-600.838","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 600.838","heading":"Disqualification of probate judge.","body":"Sec. 838.\n\nA probate judge shall not sit in any proceeding:\n\nIn which he is a party, or is financially interested.\n\nIn which he would be excluded from being a juror by reason of consanguinity or affinity to any of the parties.\n\nIn 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.\n\nWhich 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.\n\nWhich involves a contested matter concerning which he advised a party to the contest.\n\nIn 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.\n\nA 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.\n\nWhen a probate judge is disqualified within the meaning of subsection (1) or (2), the judge shall be deemed incapacitated for purposes of section 824.","path":["MI Code","Chapter 600","Act Act-236-of-1961"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-838","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"0a10ea747097fc47fa66df9416d34b3e9b63d37d377d6a853d5fbb0f45d0c8f3","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-600.8379","next":"us-mi/mich.-comp.-laws-600.8381"},"notice":"GroundRules: Original legal text. Not legal advice."}