Michigan Compiled Laws

Mich. Comp. Laws § 700.3804 (2026)

Manner of presentation of claims; commencement; claims by personal representative.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.3804 Manner of presentation of claims; commencement; claims by personal representative.

Sec. 3804.

(1) A claimant must present a claim against a decedent's estate in either of the following ways:

(a) By delivering or mailing a written statement to the personal representative indicating the claim's basis, the claimant's name and address, and the amount claimed, or by filing with the court a written statement of the claim in the form prescribed by supreme court rule and delivering or mailing a copy of the statement to the personal representative. The claim shall be considered presented on receipt of the claim statement by the personal representative or the filing of the claim statement with the court, whichever occurs first. If a claim is not yet due, the statement shall state the date when it will become due. If the claim is contingent or unliquidated, the statement shall state the nature of the uncertainty. If the claim is secured, the statement shall describe the security. Failure to describe correctly the security, the nature of any uncertainty, or the due date of a claim not yet due does not invalidate the claim's presentation.

(b) By commencing a proceeding to obtain payment of a claim against the estate in a court in which the personal representative may be subjected to jurisdiction. The commencement of the proceeding shall occur within the time limit for presenting the claim. The presentation of a claim is not required in regard to a matter claimed in a proceeding against the decedent that is pending at the time of death.

(2) Except as otherwise provided in this subsection, if a claim is presented under subsection (1)(a), a proceeding on the claim shall not be commenced more than 63 days after the personal representative delivers or mails a notice of disallowance to the claimant. For a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the 63-day period or, to avoid injustice, the court, on petition, may order an extension of the 63-day period, but an extension shall not be consented to or ordered if the extension would run beyond the applicable statute of limitations.

(3) A claim by the personal representative against the estate shall be in the form prescribed by supreme court rule. The personal representative must give a copy of the claim to all interested persons not later than 7 days after the time for the claim's original presentation expires. The claim must contain a warning that the personal representative's claim will be allowed unless a notice of objection is delivered or mailed to the personal representative within 63 days after the time for the claim's original presentation expires. This subsection does not apply to a claim for compensation for services rendered or for reimbursement of expenses advanced by the personal representative.

History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2005, Act 204, Imd. Eff. Nov. 10, 2005

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Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2003–2024 · leading case: In Re Weber Est., 669 N.W.2d 288 (Mich. Ct. App. 2003).

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In Re Weber Est., 669 N.W.2d 288 (Mich. Ct. App. 2003). · cites it 8× “Weber, pursuant to MCL 700.3804(2). We affirm. We are asked to determine whether the probate court abused its discretion when it concluded that the surrounding facts and circumstances did not merit granting petitioner an extension to file a claim under MCL 700.”

in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). · cites it 10× “] MCL 700.3804 governs how a creditor must present a claim, and provides the following: (1) A claimant must present a claim against a decedent’s estate in either of the following ways: (a) By delivering or mailing a written statement to the personal representative indicating the…”

Auto-Owners Ins. v. All Star Lawn Specialists Plus, Inc., 838 N.W.2d 166 (Mich. Ct. App. 2013). “7609(2) specifically states: If a personal representative is appointed for the settlor’s estate, presentation of a claim against the settlor’s estate shall be made in the manner described in [MCL 700.3804], and such a presentation is sufficient to assert liability against a…”

20241219_C367629_31_367629.Opn.Pdf (Mich. Ct. App. 2024). · cites it 2× “See MCL 700.3804(1)(a). Nor did defendant cite those reasons as a basis for granting an extension of the 63-day cutoff to contest plaintiff’s denial of her claim for storage fees under MCL 700.”

in Re Lewerenz Est. (Mich. Ct. App. 2021). “and delivering or mailing a copy of the statement to the personal representative,” or (3) by “commencing a proceeding to obtain payment of a claim against the estate in a court in which the personal representative may be subjected to jurisdiction.”

— Mich. Comp. Laws § 700.3804(1)(a) — 1 case

20241219_C367629_31_367629.Opn.Pdf (Mich. Ct. App. 2024). “See MCL 700.3804(1)(a). Nor did defendant cite those reasons as a basis for granting an extension of the 63-day cutoff to contest plaintiff’s denial of her claim for storage fees under MCL 700.”

— Mich. Comp. Laws § 700.3804(2) — 2 cases

In Re Weber Est., 669 N.W.2d 288 (Mich. Ct. App. 2003). “Weber, pursuant to MCL 700.3804(2). We affirm. We are asked to determine whether the probate court abused its discretion when it concluded that the surrounding facts and circumstances did not merit granting petitioner an extension to file a claim under MCL 700.”

— Mich. Comp. Laws § 700.3804(3) — 1 case

in Re Schwein Est., 885 N.W.2d 316 (Mich. Ct. App. 2016). “] MCL 700.3804 governs how a creditor must present a claim, and provides the following: (1) A claimant must present a claim against a decedent’s estate in either of the following ways: (a) By delivering or mailing a written statement to the personal representative indicating the…”

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