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Michigan Probate Deadlines: Will Filing, Creditor Claims, and Small Estates
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Michigan Probate Deadlines: Will Filing, Creditor Claims, and Small Estates

Michigan probate deadlines guide. Track will delivery, creditor notice, claim periods, payment order, and the 28-day small-estate wait.

By Settled Editorial

Michigan probate deadlines do not all start on the date of death. Some start when a personal representative is appointed. Some start when creditor notice is published. The small-estate affidavit has its own waiting period.

Use this page as a practical deadline map, then confirm the filing calendar with the county probate court.

For the full process, pair this article with the Michigan probate guide, the Michigan probate timeline guide, and the Michigan probate deadlines and creditor claims guide.

Michigan Probate Deadline Table

Deadline or timing ruleTriggerSource
Will deliveryAfter the testator diesMCL 700.2516
Creditor notice publicationPersonal representative administrationMCL 700.3801
Creditor claim period after publication4 months after publicationMCL 700.3801 and MCL 700.3803
Known creditor later deadlineLater of 1 month after notice or 4 months after publicationMCL 700.3803
Outside bar period for many pre-death claims when notice was not met3 years after deathMCL 700.3803
Successor affidavit waitMore than 28 days after deathMCL 700.3983

The table is a starting point. Court orders, estate facts, tax filings, and creditor disputes can change what the personal representative may need to do next.

File or Deliver the Will Promptly

MCL 700.2516 says a person with possession or care of a will or codicil must forward it to the court with reasonable promptness after the testator dies. The person can deliver it in person or send it by registered mail to the court with jurisdiction.

Holding the original will while the family decides whether probate will be needed can create timing risk. Delivering the will and opening an estate are related steps, but they are not always the same step.

Creditor Notice and the Four-Month Period

MCL 700.3801 says a personal representative must publish notice to estate creditors unless notice already has been given. The notice tells creditors to present claims within 4 months after publication.

Known creditors need separate attention. A known creditor includes a creditor the personal representative has actual notice of or can reasonably find from the decedent's records for the 2 years before death and mail after death.

That means a records review matters; publication alone may not cover every known-creditor issue.

Known Creditor Deadlines

MCL 700.3803 gives several claim-presentation rules. For claims that arose before death, the usual notice path is 4 months after publication.

A known creditor may receive the later of:

  • 1 month after notice is sent, or
  • 4 months after notice publication.

If notice requirements have not been met, many pre-death claims can remain subject to a 3-year outside period after death.

Payment Order When the Estate Is Short

Michigan sets a payment order when estate property is not enough to pay all claims and allowances in full. MCL 700.3805 puts administration expenses first, then funeral and burial expenses, homestead allowance, family allowance, exempt property, federal priority debts and taxes, last-illness medical expenses, Michigan priority debts and taxes, then other claims.

Do not pay family distributions before checking claims, allowances, taxes, and court costs. Early distributions can create risk if the estate later lacks enough money to pay higher-priority items.

Small-Estate Timing

Michigan's successor affidavit path under MCL 700.3983 cannot be used immediately. More than 28 days must pass after death.

That path also requires no real property, no pending or appointed personal representative, no petition for assignment, and a value within the adjusted cap. See the Michigan small-estate affidavit guide before using PC 598.

Records to Keep

Keep a simple deadline file with:

  • Date of death
  • Date the will was delivered or mailed
  • Appointment date for the personal representative
  • Date creditor notice was published
  • Dates known-creditor notices were sent
  • Claim receipt dates
  • Court hearing dates
  • Payment and distribution records

For filing forms tied to these steps, use the Michigan probate court forms guide. For the fiduciary role behind notice and claims, use the Michigan executor duties guide, Michigan executor compensation, and the Michigan probate accounting guide. If the estate may be short on funds, check Michigan debt payment priority, Michigan family allowance, and Michigan exempt property before paying lower-priority claims. For court and record costs, use the Michigan probate costs guide. If the court asks for surety protection, review Michigan probate bond requirements.

Sources:

This article provides general Michigan probate deadline information. Verify court practice, estate facts, and current forms before paying claims or distributing property.

Information current as of May 16, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Michigan can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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