ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3802 Statute of limitations.
Sec. 3802.
(1) Unless an estate is insolvent, the personal representative, with the consent of all interested persons whose interests would be affected, may waive a statute of limitations defense available to the estate. If a statute of limitations defense is not waived, a claim that was barred by a statute of limitations at the time of the decedent's death shall not be allowed or paid.
(2) The running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent's death but resumes after that time as to a claim not barred under this part.
(3) For purposes of a statute of limitations, the proper presentation of a claim under section 3804 is equivalent to commencement of a proceeding on the claim.
History: 1998, Act 386, Eff. Apr. 1, 2000
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Notes of Decisions
United States v. Est. of Albert Chicorel, 907 F.3d 896 (6th Cir. 2018).
“" Mich. Comp. Laws § 700.3802 (3). Not only does Michigan law permit a proof of claim to toll state statutes of limitations, it specifically equates presentation of the claim with a proceeding.”
Nadia Maria Packard v. Paul Thomas Brown (Mich. Ct. App. 2019).
· cites it 11× “We conclude that the three-year limitations period applicable to this action was suspended by operation of MCL 700.3802 and that it expired on May 8, 2018.”
Timothy Lashbrook v. Ila Grasak (Mich. Ct. App. 2025).
· cites it 4× “This argument seems to overlook MCL 700.3802(2), which remedies the unfairness underlying plaintiff’s argument.”
Mykel Alexander v. State Farm Mut. Auto. Ins Co (Mich. Ct. App. 2025).
· cites it 3× “3802 states that “[t]he running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent’s death but resumes after that time as to a claim not barred under this part.”
— Mich. Comp. Laws § 700.3802(1) — 1 case
Nadia Maria Packard v. Paul Thomas Brown (Mich. Ct. App. 2019).
“We conclude that the three-year limitations period applicable to this action was suspended by operation of MCL 700.3802 and that it expired on May 8, 2018.”
— Mich. Comp. Laws § 700.3802(2) — 3 cases
Nadia Maria Packard v. Paul Thomas Brown (Mich. Ct. App. 2019).
“We conclude that the three-year limitations period applicable to this action was suspended by operation of MCL 700.3802 and that it expired on May 8, 2018.”
Timothy Lashbrook v. Ila Grasak (Mich. Ct. App. 2025).
“This argument seems to overlook MCL 700.3802(2), which remedies the unfairness underlying plaintiff’s argument.”
Mykel Alexander v. State Farm Mut. Auto. Ins Co (Mich. Ct. App. 2025).
“3802 states that “[t]he running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent’s death but resumes after that time as to a claim not barred under this part.”
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