Rule 5.208 Notice to Creditors, Presentment of Claims

(A)   Publication of Notice to Creditors; Contents. Unless the notice has already been given, the personal representative must publish, and a special personal representative may publish, in a newspaper, as defined by MCR 2.106(F), in a county in which a resident decedent was domiciled or in which the proceeding as to a nonresident was initiated, a notice to creditors as provided in MCL 700.3801. The notice must include:

   (1)   The name, and, if known, the date of death, and date of    birth of the decedent;

   (2)   The name and address of the personal representative;

   (3)   The name and address of the court where proceedings are filed; and

   (4)   A statement that claims will be forever barred unless presented to the    personal representative, or to both the court and the personal representative    within 4 months after the publication of the notice.

(B)   Notice to Known Creditors and Trustee. A personal representative who has published notice must cause a copy of the published notice or a similar notice to be served personally or by mail on each known creditor of the estate and to the trustee of a trust of which the decedent is settlor, as defined in MCL 700.7605(1). Notice need not be served on the trustee if the personal representative is the trustee.

   (1)   Within the time limits prescribed by law, the personal representative must    cause a copy of the published notice or a similar notice to be served personally    or by mail on each creditor of the estate whose identity at the time of    publication or during the 4 months following publication is known to, or can be    reasonably ascertained by, the personal representative.

   (2)   If, at the time of the publication, the address of a creditor is unknown and    cannot be ascertained after diligent inquiry, the name of the creditor must be    included in the published notice.

(C)   Publication of Notice to Creditors and Known Creditors by Trustee. A notice that must be published under MCL 700.7608 must include:

   (1)   The name, and, if known, date of death, and date of    birth of the trust’s deceased settlor;

   (2)   The trust’s name or other designation;

   (3)   The date the trust was established;

   (4)   The name and address of each trustee serving at the time of or as a result    of the settlor’s death;

   (5)   The name and address of the trustee’s attorney, if any and must be served on known creditors as provided in subrule (B) above.

(D)   No Notice to Creditors. No notice need be given to creditors in the following situations:

   (1)   The decedent or settlor has been dead for more than 3 years;

   (2)   Notice need not be given to a creditor whose claim has been presented or    paid;

   (3)   For a personal representative:

      (a)   The estate has no assets;

      (b)   The estate qualifies and is administered under MCL 700.3982, MCL 700.3983, or MCL 700.3987;

      (c)   Notice has previously been given under MCL 700.7608 in the county where the decedent was domiciled in Michigan.

   (4)   For a trustee, the costs of administration equal or exceed the value of the    trust estate.

(E)   Presentment of Claims. A claim shall be presented to the personal representative or trustee by mailing or delivering the claim to the personal representative or trustee, or the attorney for the personal representative or trustee, or, in the case of an estate, by filing the claim with the court and mailing or delivering a copy of the claim to the personal representative.

(F)   A claim is considered presented

   (1)   on mailing, if addressed to the personal representative or trustee, or the    attorney for the personal representative or trustee, or

   (2)   in all other cases, when received by the personal representative, or trustee    or the attorney for the personal representative or trustee or in the case of an    estate when filed with the court.