Michigan Compiled Laws

Mich. Comp. Laws § 700.3809 (2026)

Secured claims.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.3809 Secured claims.

Sec. 3809.

A personal representative shall pay a secured claim on the basis of the amount allowed if the creditor surrenders the security. Otherwise, the personal representative shall pay on the basis of 1 of the following:

(a) If the creditor exhausts the security before receiving payment, upon the amount of the claim allowed less the fair value of the security.

(b) If the creditor does not have the right to exhaust the security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement under which the security was delivered to the creditor or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.

History: 1998, Act 386, Eff. Apr. 1, 2000

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Notes of Decisions

Cited in 2 cases, 2011–2015 · leading case: In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).

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In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011). · cites it 8× “*357 MCL 700.3809, which governs secured claims, in addition to MCL 700.”

in Re Stuart Est. (Mich. Ct. App. 2015). “3104 provides: (1) Except as otherwise provided in subsection (2), a proceeding to enforce a claim against a decedent’s estate or the decedent’s successors shall not be revived or commenced before the appointment of a personal representative.”

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