How to Verify Creditor Notice Requirements to Rely on Michigan’s Two-Year Estate Claim Bar

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified probate attorney for guidance on your specific situation.

Detailed Answer

Under Michigan law, creditors must receive proper notice before their claims against an estate become barred. If a creditor fails to file a claim within the required timeframe, the estate personal representative can rely on the two-year bar found in MCL 700.3802(2) to close the estate and discharge lingering claims.

To verify that notice requirements were satisfied in the original estate, a client should take these steps:

1. Obtain the Probate Court File: Visit or contact the probate division of the county where the decedent’s estate was opened. Request a certified copy of the estate docket and all filed documents.
2. Review the “Proof of Notice to Creditors”: Michigan law pursuant to MCL 700.3803 requires the personal representative to mail written notice to all known or reasonably ascertainable creditors and to publish notice once in a newspaper of general circulation. Locate the filed affidavit or certificate that lists the date notices were mailed and the publication details.
3. Check Publication Records: The probate file should include a copy of the published notice or an affidavit of publication. Confirm the name of the newspaper, publication dates, and that the notice ran for the required three weeks.
4. Review Mailing Receipts: For known creditors, the personal representative should have maintained proof of mailing (e.g., certified mail return receipts or a mailing log). These documents demonstrate actual notice and are often attached as exhibits to the affidavit.
5. Confirm Date of Decedent’s Death and Qualification: Under MCL 700.3802(2), any claim not filed within two years after the decedent’s death (or an extended period if actual notice occurs later) is permanently barred. Verify the date of death and the date on which the personal representative qualified with the probate court.
6. Look for Court Orders or Letters of Authority: Letters of Authority (or Letters Testamentary) and any subsequent court orders closing or settling the estate will confirm that the court accepted the notice procedure as complete. An order settling the estate typically states that all claims are barred after two years.

Helpful Hints

• Contact the probate clerk early to learn court fees, copying charges, and hours.
• If you can’t find publication proofs in the file, check local newspaper archives or contact the newspaper directly.
• Keep copies of all probate documents you obtain for your records.
• Note that unknown creditors receive notice by publication only; they still must file within two years of the decedent’s death.
• If notice requirements weren’t met, the two-year bar may not apply—consider consulting an estate attorney to explore late-filed claims.