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(a) Within 4 months after the date of the publication of notice to creditors. (b) If the personal representative first knows of an estate creditor less than 28 days before the expiration of the time limit in subdivision (a), within 28 days after the personal representative first knows of the creditor.
A creditor has 4 months from the date of publication or 1 month from the date they receive actual notice, whichever is later, to present their written claim or it will be barred. The written statement must indicate the basis of the claim, the claimant's name and address and the amount of the claim.
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.
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 Letter of Authority is a legal document that is signed by the Register of the Probate Court in the County where your loved one was living at the time of their death. It designates the person who will be the Personal Representative of your loved one's Estate.
The proof of claim form is Official Bankruptcy Form 410. You can print off the form from the courts website. You can also obtain a copy of the form at the Intake counter of the Clerk's Office. In Detroit, the Intake counter is located on the 21st floor of the Bankruptcy Court.
A claim against an estate is a written request for the estate to pay money that the decedent owed.