You are the personal representative of a deceased estate and you need to give notice to creditors. Chances are you already gave notice to creditors you were aware of. However, there’s always the chance there are unknown creditors, and because of that, they have a right to be given notice by the personal representative. So, what do you, the personal representative do? You will need to fill out the Notice to Creditors form.
The Notice to Creditors form is a State Court Administrative Office form, which can be found by clicking here. Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Notice to Creditors form is no different.
The Notice to Creditors form is associated with MCL 700.3801, which states:
(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 barred. A personal representative who has published notice shall also send, within the time prescribed in subsection (2), a copy of the notice or a similar notice to each estate creditor whom the personal representative knows at the time of publication or during the 4 months following publication and to the trustee of a trust described in section 7605(1) as to which the decedent is settlor. For purposes of this section, the personal representative knows a creditor of the decedent if the personal representative has actual notice of the creditor or the creditor’s existence is reasonably ascertainable by the personal representative based on an investigation of the decedent’s available records for the 2 years immediately preceding death and mail following death.
(2) Notice to a known creditor of the estate shall be given within the following time limits:
(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.
(3) If the personal representative or the attorney for the estate in good faith believes that notice to a creditor of the estate is or may be required by this section, and if the personal representative gives notice based on that belief, neither the personal representative nor the attorney is liable to any person for having given notice.
(4) If the personal representative or the attorney for the estate in good faith believes that notice to a person is not required by this section and if the personal representative fails to give notice to that person based on that belief, neither the personal representative nor the attorney is personally liable to any person for the failure to give notice. Liability, if any, for failure to give notice is on the estate.
In addition to this statute, the Notice to Creditors form is associated with MCR 5.106(A) and MCR 5.208(A). These are accessible by clicking on the MCR number. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.