700.3803 Limitations on time for presentation of claims.

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Sec. 3803.

(1)A claim against a decedent's estate that arose before the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, if not barred earlier by another statute of limitations or nonclaim statute, is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits:

(a)If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state.

(b)For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.

(c)If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.

(2)A claim against a decedent's estate that arises at or after the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, is barred against the estate, the personal representative, and the decedent's heirs and devisees, unless presented within 1 of the following time limits:

(a)For a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due.

(b)For a claim to which subdivision

(a)does not apply, within 4 months after the claim arises or the time specified in subsection (1)(a), whichever is later.

(3)This section does not affect or prevent any of the following:

(a)A proceeding to enforce a mortgage, pledge, or other lien on estate property.

(b)A proceeding to establish the decedent's or the personal representative's liability for which the decedent or the personal representative is protected by liability insurance to the insurance protection limits only.

(c)Collection of compensation for services rendered and reimbursement of expenses advanced by the personal representative or by an attorney, auditor, investment adviser, or other specialized agent or assistant for the personal representative of the estate.

History: 1998, Act 386 , Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314 , Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46 , Eff. Apr. 1, 2010

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