Michigan Sample Letter for Probating Claims Expiration
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How to fill out Sample Letter For Probating Claims Expiration?
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FAQ
If you are serving as the personal representative (executor) of someone's estate, you might be wondering how quickly after their death you must file probate. Unlike some states, Michigan does not have a required filing deadline for a probate case.
In Michigan, creditors have up to 3 years from the date of death to present claims to the estate. However, if you have followed the Task: Publish Notice of Death correctly, creditors will have only 4 months from the date of the first publication of notice to creditors.
A creditor has 4 months from the date of publication or 1 month from the date they receive actual notice, whichever is later, to present their written claim or it will be barred. The written statement must indicate the basis of the claim, the claimant's name and address and the amount of the claim.
If the estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open. A copy of this notice must be given to all interested persons.
An estate in unsupervised administration can be closed by filing a ?Sworn Statement to Close Unsupervised Administration? (PC591), or a ?Petition for Adjudication of Testacy and Complete Estate Settlement? (PC594), or a ?Petition for Complete Estate Settlement, Testacy Previously Adjudicated? (PC593).
In Michigan, creditors have up to 3 years from the date of death to present claims to the estate. However, if you have followed the Task: Publish Notice of Death correctly, creditors will have only 4 months from the date of the first publication of notice to creditors.
If you are serving as the personal representative (executor) of someone's estate, you might be wondering how quickly after their death you must file probate. Unlike some states, Michigan does not have a required filing deadline for a probate case.
MCL 700.3801 states; a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice's publication or be forever barred. If the personal representative knows any creditors, the representative must send the creditor a copy of this notice.
