Sec. 5852.
(1) If a person dies before the period of limitations has run or within 30 days after the period of limitations has run, an action that survives by law may be commenced by the personal representative of the deceased person at any time within 2 years after letters of authority are issued although the period of limitations has run.
(2) If the action that survives by law is an action alleging medical malpractice, the 2-year period under subsection (1) runs from the date letters of authority are issued to the first personal representative of an estate. Except as provided in subsection (3), the issuance of subsequent letters of authority does not enlarge the time within which the action may be commenced.
(3) If a personal representative dies or is adjudged by a court to be legally incapacitated within 2 years after his or her letters are issued, the successor personal representative may commence an action alleging medical malpractice that survives by law within 1 year after the personal representative died or was adjudged by a court to be legally incapacitated.
(4) Notwithstanding subsections (1) to (3), an action shall not be commenced under this section later than 3 years after the period of limitations has run.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1988, Act 221, Eff. Jan. 1, 1989 ;-- Am. 2012, Act 609, Eff. Mar. 28, 2013 Compiler's Notes: Enacting section 1 of Act 609 of 2012 provides:"Enacting section 1. Sections 2912e, 5852, and 6013 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2912e, 600.5852, and 600.6013, as amended by this amendatory act apply only to actions in which the cause of action arose on or after the effective date of this amendatory act."
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-58 - Chapter 58 Limitation of Actions (600.5801...600.5869)
Section 600.5803 - Foreclosure of Mortgages.
Section 600.5809 - Action to Enforce Noncontractual Money Obligations; Limitations.
Section 600.5811 - Common Carriers; Charges and Overcharges; Definitions.
Section 600.5813 - Other Personal Actions.
Section 600.5815 - Scope of Limitations; Legal and Equitable; Laches.
Section 600.5823 - Counterclaims.
Section 600.5825 - Effect of Limits Running in Favor of Some Joint Obligors but Not All.
Section 600.5827 - Accrual of Claim.
Section 600.5829 - Accrual of Claim; Right of Entry or Recovery of Possession of Land.
Section 600.5831 - Accrual of Claim; Mutual and Open Account Current.
Section 600.5833 - Accrual of Claim; Breach of Warranty of Quality or Fitness.
Section 600.5834 - Accrual of Claim; Common Carriers; Charges; Overcharges.
Section 600.5835 - Accrual of Claim; Life Insurance; Presumption of Death.
Section 600.5836 - Accrual of Claim; Installment Contracts.
Section 600.5837 - Accrual of Claim; Alimony.
Section 600.5838b - Action for Legal Malpractice; Commencement; Limitation; Definitions.
Section 600.5841 - Accrual of Claim; to Person Other Than Person Bringing Action.
Section 600.5843 - Accrual of Claim; Regaining Possession of Land; Subsequent Loss; Effect.
Section 600.5853 - Absence From State.
Section 600.5854 - War; Inability to Prosecute; Period of Limitation.
Section 600.5855 - Fraudulent Concealment of Claim or Identity of Person Liable; Discovery.
Section 600.5856 - Tolling of Statute of Limitations or Repose.
Section 600.5861 - Cause of Action Accruing Without State; Limitation on Commencement of Action.
Section 600.5865 - Endorsement or Memorandum of Payment; Evidence.
Section 600.5866 - Revival of Barred Claim; Written Acknowledgment of Obligor.
Section 600.5867 - Presumption as to Possession of Land; Exception.
Section 600.5868 - Entry and Possession.
Section 600.5869 - Rights Governed by Law Under Which Right Accrued.