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Michigan Law dictates that all debts must be paid from the deceased person's estate. In fact, the estate's personal representative must publish a notice to creditors letting them know about the recent death.
A notice to creditors is a public statement noting the death of an individual to alert potential creditors to the situation. Still published in local newspapers, the notice is filed by the estate's executor and meant to facilitate the probate proceedings.
What the notice needs to say. There are three major points that a notice to creditors needs to contain: the name of the person who has passed away, the amount of time creditors have to come forward, and contact information for the executor or the executor's lawyer.
Notice to Creditors The notice need only be published once. If the creditor's address is unknown and cannot be ascertained after diligent inquiry, the notice must include the name of the creditor. Publication of notice to creditors may be accomplished by using Notice to Creditors Decedent's Estate (PC 574).
(1) Unless notice has already been given, upon appointment a personal representative shall publish, and a special personal representative may publish, a notice as provided by supreme court rule notifying estate creditors to present their claims within 4 months after the date of the notice's publication or be forever ...
In Michigan, a personal representative is required to publish a notice to unknown creditors in the newspaper in which legal notices are usually posted in the county in which the estate is probated. In Wayne County, the publication is published in the Detroit Legal News.
In Michigan, creditors have up to 3 years from the date of death to present claims to the estate. However, if you have followed the Task: Publish Notice of Death correctly, creditors will have only 4 months from the date of the first publication of notice to creditors.
A notice to creditors is a public notice filed by the appointed estate executor and is used to facilitate probate proceedings. The court appoints the executor named in the will, and the individual acts as the personal representative of the deceased's estate.