Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998
Michigan Compiled Laws

Mich. Comp. Laws § 700.3801 (2026)

Notice of creditors.

✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.3801 Notice of creditors.

Sec. 3801.

    (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.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010

PopularName Notes:

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Notes of Decisions
Cited in 7 cases, 2011–2017 · leading case: in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
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in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). · cites it 11× “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.”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). · cites it 4× “The reporter’s supplemental comment for 2005 to MCL 700.3801 explains, in relevant part: While a secured creditor is known, frequently notice is not given to secured creditors because § 3803(3)(a), MCL 700.”
Auto-Owners Ins. v. All Star Lawn Specialists Plus, Inc., 838 N.W.2d 166 (Mich. Ct. App. 2013). “7608, if there is no estate, a trustee must nonetheless comply with the publication and notice requirements that apply to estates under MCL 700.3801. The parties agree that Wood complied with these obligations.”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Pursuant to MCL 700.3801(1), creditors therefore had four months within which to present claims against the Trust.”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Petitioner states that it was impossible for a transfer to have occurred before January 2015, because, in compliance with applicable laws, the trustee published the required Notice to Creditors on September 11, 2014, and the four-month statutory period, see MCL 700.3801 and MCL…”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Pursuant to MCL 700.3801(1), creditors therefore had four months within which to present claims against the Trust.”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Petitioner states that it was impossible for a transfer to have occurred before January 2015, because, in compliance with applicable laws, the trustee published the required Notice to Creditors on September 11, 2014, and the four-month statutory period, see MCL 700.3801 and MCL…”
— Mich. Comp. Laws § 700.3801(1) — 4 cases
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). “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.”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “The reporter’s supplemental comment for 2005 to MCL 700.3801 explains, in relevant part: While a secured creditor is known, frequently notice is not given to secured creditors because § 3803(3)(a), MCL 700.”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Pursuant to MCL 700.3801(1), creditors therefore had four months within which to present claims against the Trust.”
Fifarek House Trust v. Twp. of Long Lake (Mich. Ct. App. 2017). “Pursuant to MCL 700.3801(1), creditors therefore had four months within which to present claims against the Trust.”
— Mich. Comp. Laws § 700.3801(2) — 1 case
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). “The reporter’s supplemental comment for 2005 to MCL 700.3801 explains, in relevant part: While a secured creditor is known, frequently notice is not given to secured creditors because § 3803(3)(a), MCL 700.”
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