Sec. 3104.
(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. After the appointment and until distribution, a proceeding or action to enforce a claim against the estate is governed by the procedure prescribed by this article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 3955 or from a former personal representative individually liable as provided in section 3956.
(2) This act does not apply to a proceeding by a secured creditor of the decedent to enforce the creditor's right to the creditor's security except as provided in part 8 of article III and part 6 of article VII.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2009, Act 46, Eff. Apr. 1, 2010 Popular Name: EPIC
Structure Michigan Compiled Laws
Chapter 700 - Estates and Protected Individuals Code
Act 386 of 1998 - Estates and Protected Individuals Code (700.1101 - 700.8206)
Article III - Probate of Wills and Administration (700.3101...700.3988)
386-1998-III-1 - Part 1 General Provisions (700.3101...700.3108)
Section 700.3101 - Devolution of Estate at Death; Restrictions.
Section 700.3102 - Validity of Will by Order of Probate.
Section 700.3103 - Necessity of Appointment for Administration.
Section 700.3104 - Claim Against Decedent; Necessity of Administration.
Section 700.3105 - Proceedings Affecting Devolution and Administration.
Section 700.3106 - Proceedings Within Jurisdiction of Court; Service; Jurisdiction Over Persons.
Section 700.3107 - Proceedings; Scope; Independence.
Section 700.3108 - Repealed. 2000, Act 54, Eff. Apr. 1, 2000.