Michigan Probate Deadlines and Creditor Claims

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan probate has several timing rules that affect whether a family can move fast or needs court administration. The dates do not all start on the date of death. Some depend on publication, appointment of a personal representative, or the type of claim.

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

Will Delivery After Death

MCL 700.2516 says a person who has 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.

Waiting to file the will just because the family hopes to avoid probate can create timing risk. Filing the will and opening a probate estate are related, but they are not always the same step.

Creditor Notice After Appointment

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 the date of publication or be barred.

The personal representative also must send notice to known creditors within the time set by the statute. A known creditor includes a creditor the personal representative has actual notice of or can reasonably find from the decedent's available records for the 2 years before death and mail after death.

For the wider administration sequence, start with the Michigan probate guide. To estimate filing and record costs tied to these steps, use the Michigan probate costs and fees guide.

Here is why this matters: publishing notice alone is not always enough for known creditors. A records review helps identify creditors who may need separate notice.

Claim Deadlines

MCL 700.3803 gives several claim deadlines. For claims that arose before death, the usual deadline after valid notice is 4 months after notice publication. A known creditor may get the later of 1 month after notice is sent or 4 months after publication.

If notice requirements have not been met, the statute gives a longer outside bar period of 3 years after death for many pre-death claims.

Claims that arise after death use a different timing rule. A contract claim with the personal representative is tied to when performance is due. Other after-death claims are tied to when the claim arises or the notice publication deadline, whichever is later.

Payment Order When Assets Are Short

MCL 700.3805 sets the order for paying claims and allowances when estate property is not enough to pay everything in full.

The order is:

1. Costs and expenses of administration.
2. Reasonable funeral and burial expenses.
3. Homestead allowance.
4. Family allowance.
5. Exempt property.
6. Debts and taxes with priority under federal law.
7. Reasonable and necessary medical and hospital expenses of the decedent's last illness.
8. Debts and taxes with priority under other Michigan law.
9. All other claims.

Do not pay lower-priority debts first when the estate may be short. That can create personal risk for the person handling the estate.

Small-Estate Timing

Michigan's sworn statement path under MCL 700.3983 has its own timing rule. More than 28 days must pass after death before a successor can use the affidavit of decedent's successor.

The affidavit path also requires no real property, no pending or appointed personal representative, and a value that fits the adjusted statutory cap. See the Michigan small-estate guide before using PC 598.

What to Track

Set up a simple file with these dates:

• Date of death
• Date the will was delivered or mailed to court
• Date of personal representative appointment
• Date creditor notice was published
• Dates notice was mailed or sent to known creditors
• Claim receipt dates
• Court hearing and filing dates

Keep copies of the published notice, mailing records, creditor letters, invoices, receipts, and court orders.

Next Steps

1. Forward the will to court with reasonable promptness if you have it.
2. Do not publish or pay claims until you know who has authority to act.
3. Review 2 years of records and mail for creditor clues.
4. Use the statutory payment order before paying claims.
5. Ask the county probate court or counsel before distributing if the estate may be short.

Tax filings can create separate deadlines. Review the Michigan estate tax and inheritance tax guide when the estate has high-value assets, older discovered property, or income after death.

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Sources:

• Title: MCL 700.2516, Delivery of will or codicil by custodian. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2516
• Title: MCL 700.3801, Notice of creditors. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3801
• Title: MCL 700.3803, Limitations on time for presentation of claims. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3803
• Title: MCL 700.3805, Priority of claim payments, insufficient assets. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-3805
• Title: MCL 700.3983, Collection of personal property by sworn statement. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-3983

This guide provides general information about Michigan creditor deadlines. Verify court practice and estate facts before paying claims or distributing property.