Detailed answer — What happens next under Michigan law

When someone dies and their estate goes through probate, Michigan law requires the personal representative (also called the executor or administrator) to notify creditors so they can present claims. That notice creates a deadline — often described in practice as a 90‑day or similar creditor-notice period — after which creditors who did not present timely claims generally lose the right to be paid from estate assets administered in probate.

If a creditor files a claim after that deadline, the usual procedure and likely outcomes are:

• Estate or personal representative objects. The personal representative will normally file an objection or ask the probate court to disallow the late claim because it missed the statutory deadline.
• Court reviews the claim and the proof of notice. The court looks at whether the estate gave the required form of notice, whether the creditor received actual notice, and whether any legal exception applies. The court also considers whether the creditor can show a valid reason the claim was late (for example, excusable neglect or lack of proper notice).
• Most late claims will be disallowed (barred from payment from probate assets). If the court finds the creditor had proper notice and no legal excuse, the claim is usually disallowed and the estate will not pay it from probate assets.
• Limited exceptions may allow a late claim. The court may permit a late claim if the creditor proves good cause (for example, the creditor did not receive the required notice, the delay resulted from excusable neglect, or there was fraud or mistaken identity preventing earlier filing). Certain categories of claims — e.g., secured claims where the creditor has an enforceable lien on specific property — may be unaffected by the general bar to unsecured claims against probate assets. Governmental or tax claims sometimes follow special rules.
• Potential remedies for a successful late claimant. If the court allows a late claim, it becomes an allowed claim and ranks according to Michigan priority rules for payment from the estate. If the court disallows the claim, the creditor may still have other remedies independent of probate (for example, enforcing a mortgage or lien on specific property, pursuing a claim against assets held outside probate, or bringing a separate lawsuit if a non-probate obligation exists).
• Personal representative’s liability. The personal representative should not pay a late, disputed claim without court approval. If a representative distributes estate funds in violation of the probate process, they risk personal liability to the estate or to other creditors or beneficiaries.

Because the creditor-notice period and allowed exceptions depend on the type of notice given and the particular statutory provisions that apply to the estate, it is important to check the probate filing and notice documents in the specific case.

For the statutory framework that governs probate administration and creditor claims in Michigan, see the Estates and Protected Individuals Code (Chapter 700 of the Michigan Compiled Laws): Michigan Compiled Laws, Chapter 700. That chapter explains the duties of personal representatives, notice requirements, and the court’s power to allow or disallow claims.

Common scenarios (examples)

Example 1 — Late unsecured claim after published notice: A representative publishes the creditor notice required by probate. The notice sets an estate-claim deadline. A small unsecured creditor files a claim after the deadline. The representative objects. The court disallows the claim because the creditor received the published notice and has no excuse.

Example 2 — Creditor did not receive actual notice: A creditor shows the estate mailed the notice to an old address and the creditor never received it. The creditor asks the court to allow the late claim and presents evidence of lack of notice and of the underlying debt. The court may allow the claim if it finds that denying the claim would be unfair given the lack of proper notice.

Example 3 — Secured claimant: A mortgage lender holds a valid lien on a decedent’s real property. The lender’s right to foreclose or enforce the lien is generally separate from an unsecured claim against the probate estate. The lender should protect its lien by following foreclosure or enforcement rules rather than relying solely on the probate creditor-notice procedure.

Practical effects and priorities

If a late claim is disallowed, the creditor cannot demand payment from probate estate property that the court has approved for distribution. However, disallowance in probate does not always eliminate other collection paths — for example, pursuing nonprobate assets, enforcing liens, or bringing independent lawsuits outside probate court.

What a creditor should do if a claim is late

1. Act quickly. File a motion with the probate court asking permission to file late and explain the reason for the delay.
2. Provide proof. Include documentation showing why the claim was late (e.g., lack of proper notice, attempted communications, medical or travel emergencies, or other excusable reasons).
3. Consider alternatives. If the claim is secured, preserve lien rights. If the debt arises from property held outside probate, bring an appropriate non-probate action.
4. Get legal advice. A probate attorney can help craft the motion and present evidence to the court.

What a personal representative should do when a late claim arrives

1. Verify notice. Check the probate file to confirm when and how creditor notice was given (publication, mail, or personal service).
2. Preserve the estate. Object to late claims you believe are barred. File an affidavit or motion asking the court to disallow the claim and attach proof of proper notice and the deadline.
3. Avoid paying a disputed late claim without court approval. Seek a court ruling before distributing estate funds to resolve the dispute.
4. Document everything. Keep clear records of notices, mailings, publications, and creditor communications.

Helpful hints

• Do not assume a late filing is automatically allowed — courts typically bar untimely claims unless a clear exception applies.
• Keep required probate notices and proof of publication or mailing in the record; those are the primary defenses against late claims.
• If you receive a late claim and are unsure whether a lien or nonprobate remedy exists, consult an attorney quickly.
• Personal representatives should not pay late or disputed claims without a court order — improper distributions can create personal liability.
• Creditors who missed the probate deadline should preserve written evidence of why they did not file on time (medical records, returned mail, dates of first learning of the death, etc.).
• Small estates and informal administrations have different procedures; confirm which rules apply to the case.