ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.3803 Limitations on time for presentation of claims.
Sec. 3803.
(1) A claim against a decedent's estate that arose before the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, if not barred earlier by another statute of limitations or nonclaim statute, is barred against the estate, the personal representative, the decedent's heirs and devisees, and nonprobate transferees of the decedent unless presented within 1 of the following time limits:
(a) If notice is given in compliance with section 3801 or 7608, within 4 months after the date of the publication of notice to creditors, except that a claim barred by a statute at the decedent's domicile before the publication for claims in this state is also barred in this state.
(b) For a creditor known to the personal representative at the time of publication or during the 4 months following publication, within 1 month after the subsequent sending of notice or 4 months after the date of the publication of notice to creditors, whichever is later.
(c) If the notice requirements of section 3801 or 7608 have not been met, within 3 years after the decedent's death.
(2) A claim against a decedent's estate that arises at or after the decedent's death, including a claim of this state or a subdivision of this state, whether due or to become due, absolute or contingent, liquidated or unliquidated, or based on contract, tort, or another legal basis, is barred against the estate, the personal representative, and the decedent's heirs and devisees, unless presented within 1 of the following time limits:
(a) For a claim based on a contract with the personal representative, within 4 months after performance by the personal representative is due.
(b) For a claim to which subdivision (a) does not apply, within 4 months after the claim arises or the time specified in subsection (1)(a), whichever is later.
(3) This section does not affect or prevent any of the following:
(a) A proceeding to enforce a mortgage, pledge, or other lien on estate property.
(b) A proceeding to establish the decedent's or the personal representative's liability for which the decedent or the personal representative is protected by liability insurance to the insurance protection limits only.
(c) Collection of compensation for services rendered and reimbursement of expenses advanced by the personal representative or by an attorney, auditor, investment adviser, or other specialized agent or assistant for the personal representative of the estate.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 314, Eff. Sept. 1, 2004 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010
PopularName Notes:
EPIC
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2011–2025 · leading case:
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
· cites it 7× “3803(3)(a), however, expressly exempts “[a] proceeding to enforce a mortgage, pledge, or other lien on estate property” from the time limitations. The reporter’s supplemental comment for 2005 to MCL 700.”
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
· cites it 9× “Respondents appeal as of right the probate court’s opinion and order concluding that (1) personal representative Sandy Mead’s claim against the estate for reimbursement of attendant care services she provided to decedent before his death was not barred by MCL 700.3803(1), MCL…”
in Re Easterly Est. (Mich. Ct. App. 2015).
· cites it 19× “MCL 700.3803 provides time limitations for claims4 against an estate.”
David L Gavitt v. Est. of John E Devries (Mich. Ct. App. 2017).
· cites it 9× “in denying his motion to transfer the case to probate court, given that, although the circuit and probate courts had concurrent jurisdiction when the complaint was initially filed, the probate court came to obtain exclusive subject-matter jurisdiction in light of the estate’s…”
Michael Pierce v. Partners for Payment Relief De III LLC (Mich. Ct. App. 2017).
· cites it 2× “” Citing MCL 700.3803, PPR responded that it was not required to file a claim against either Jimmie’s or Patricia’s estate unless it intended to pursue a money judgment because it was a secured creditor and could proceed against the collateral property directly.”
Michael Pierce v. Partners for Payment Relief De III LLC (Mich. Ct. App. 2017).
· cites it 2× “” Citing MCL 700.3803, PPR responded that it was not required to file a claim against either Jimmie’s or Patricia’s estate unless it intended to pursue a money judgment because it was a secured creditor and could proceed against the collateral property directly.”
20250122_C367262_26_367262D.Opn.Pdf (Mich. Ct. App. 2025).
“See also Van Horn v Herndon, 253 Mich 408 ; 235 NW 231 (1931); MCL 700.3803(2). -3- contract formation and the proper remedy for contract breach.”
— Mich. Comp. Laws § 700.3803(1) — 2 cases
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
“Respondents appeal as of right the probate court’s opinion and order concluding that (1) personal representative Sandy Mead’s claim against the estate for reimbursement of attendant care services she provided to decedent before his death was not barred by MCL 700.3803(1), MCL…”
in Re Easterly Est. (Mich. Ct. App. 2015).
“MCL 700.3803 provides time limitations for claims4 against an estate.”
— Mich. Comp. Laws § 700.3803(2) — 2 cases
in Re Easterly Est. (Mich. Ct. App. 2015).
“MCL 700.3803 provides time limitations for claims4 against an estate.”
20250122_C367262_26_367262D.Opn.Pdf (Mich. Ct. App. 2025).
“See also Van Horn v Herndon, 253 Mich 408 ; 235 NW 231 (1931); MCL 700.3803(2). -3- contract formation and the proper remedy for contract breach.”
— Mich. Comp. Laws § 700.3803(2)(a) — 1 case
in Re Easterly Est. (Mich. Ct. App. 2015).
“MCL 700.3803 provides time limitations for claims4 against an estate.”
— Mich. Comp. Laws § 700.3803(3) — 3 cases
in Re Easterly Est. (Mich. Ct. App. 2015).
“MCL 700.3803 provides time limitations for claims4 against an estate.”
Michael Pierce v. Partners for Payment Relief De III LLC (Mich. Ct. App. 2017).
“” Citing MCL 700.3803, PPR responded that it was not required to file a claim against either Jimmie’s or Patricia’s estate unless it intended to pursue a money judgment because it was a secured creditor and could proceed against the collateral property directly.”
Michael Pierce v. Partners for Payment Relief De III LLC (Mich. Ct. App. 2017).
“” Citing MCL 700.3803, PPR responded that it was not required to file a claim against either Jimmie’s or Patricia’s estate unless it intended to pursue a money judgment because it was a secured creditor and could proceed against the collateral property directly.”
— Mich. Comp. Laws § 700.3803(3)(a) — 1 case
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
“3803(3)(a), however, expressly exempts “[a] proceeding to enforce a mortgage, pledge, or other lien on estate property” from the time limitations. The reporter’s supplemental comment for 2005 to MCL 700.”
— Mich. Comp. Laws § 700.3803(3)(c) — 1 case
in Re Easterly Est. (Mich. Ct. App. 2015).
“MCL 700.3803 provides time limitations for claims4 against an estate.”
— Mich. Comp. Laws § 700.3803(l)(a) — 1 case
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
“Respondents appeal as of right the probate court’s opinion and order concluding that (1) personal representative Sandy Mead’s claim against the estate for reimbursement of attendant care services she provided to decedent before his death was not barred by MCL 700.3803(1), MCL…”
— Mich. Comp. Laws § 700.3803(l)(c) — 2 cases
in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016).
“Respondents appeal as of right the probate court’s opinion and order concluding that (1) personal representative Sandy Mead’s claim against the estate for reimbursement of attendant care services she provided to decedent before his death was not barred by MCL 700.3803(1), MCL…”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
“3803(3)(a), however, expressly exempts “[a] proceeding to enforce a mortgage, pledge, or other lien on estate property” from the time limitations. The reporter’s supplemental comment for 2005 to MCL 700.”
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