Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed Michigan attorney for guidance on your specific situation.
Detailed Answer
Overview of Creditor Notice in Michigan Probate
Under Michigan’s Estates and Protected Individuals Code (EPIC), the personal representative (formerly known as executor or administrator) must notify creditors of a decedent’s estate. This process sets firm deadlines for creditors, including medical debt collectors, to present their claims.
1. Notice by Publication for Unknown Creditors
When creditors are not known or reasonably ascertainable, the personal representative must publish notice. Requirements per MCL 700.3801:
- Publish once a week for three consecutive weeks in a newspaper of general circulation in the county where probate is pending.
- The notice must state the estate name, probate court name, personal representative’s name, and deadline for filing claims.
- First publication date triggers the general creditor deadline—four months from that date.
2. Notice by Mail for Known or Reasonably Ascertainable Creditors
For creditors whose identities or addresses are known or could be found with reasonable diligence, the personal representative must mail notice within 14 days after qualifying, under MCL 700.3802. Key points:
- Send by first-class mail to each known creditor’s last-known address.
- Use the statutory form or equivalent, stating the date of appointment, court location, and claim filing deadlines.
- Creditors must file claims within four months after first publication of the notice or within 30 days after mailing—whichever deadline is later.
- Proof of mailing is due within 28 days after sending, as required by MCL 700.3805.
3. Filing Deadlines and Claim Bar
Creditors who fail to file timely are barred from recovering against estate assets. Deadlines differ by notice type:
- General (published) creditors: file within four months of first publication.
- Known creditors: file within 30 days after mailing or four months after publication, whichever is later.
4. Application to Medical Debt Collectors
Medical debt collectors qualify as known creditors if they have submitted a claim for payment of medical services. They receive the same mailed notice and share the same filing deadlines. No special procedure or extended time applies solely because of the debt’s medical nature.
Helpful Hints
- Compile a thorough list of known creditors (medical providers, credit cards, utilities) early to meet the 14-day mailing deadline.
- Choose a newspaper that meets your county’s legal publication requirements—check the probate court’s local rules.
- Use certified or trackable mail when notifying high-priority creditors (e.g., medical debt collectors) to document compliance.
- Retain copies of notices and proof of publication or mailing for your probate file.
- Encourage creditors to use the court’s official claim form to avoid disputes over content and timing.