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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.
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.
A claim that arises at or after the death of the decedent is barred unless it is presented within the following time limits: For a claim based on a contract with the personal representative, within 4 months after the performance by the personal representative is due.
You may use the Statement and Proof of Claim (form PC 579) to submit your claim. The written claim must be timely delivered or mailed to the fiduciary listed below. You may also send it to the probate court for filing along with a filing fee of $20.00. You may also commence a suit against the estate in a court.
An estate cannot be closed in less than five months from filing. The estate's creditors must be notified of the decedent's death. They are given a four-month period to file their claims against the estate.
(1) A claimant may make a claim against the estate, within the time allowed for presenting claims, (A) by serving it on the personal representative, (B) by filing it with the register and serving a copy on the personal representative, or (C) by filing suit.
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.