Sec. 3802.
(1) Unless an estate is insolvent, the personal representative, with the consent of all interested persons whose interests would be affected, may waive a statute of limitations defense available to the estate. If a statute of limitations defense is not waived, a claim that was barred by a statute of limitations at the time of the decedent's death shall not be allowed or paid.
(2) The running of a statute of limitations measured from an event other than death or publication for a claim against a decedent is suspended during the 4 months following the decedent's death but resumes after that time as to a claim not barred under this part.
(3) For purposes of a statute of limitations, the proper presentation of a claim under section 3804 is equivalent to commencement of a proceeding on the claim.
History: 1998, Act 386, Eff. Apr. 1, 2000 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-8 - Part 8 Creditors' Claims (700.3801...700.3815)
Section 700.3801 - Notice of Creditors.
Section 700.3802 - Statute of Limitations.
Section 700.3803 - Limitations on Time for Presentation of Claims.
Section 700.3805 - Priority of Claim Payments; Insufficient Assets.
Section 700.3806 - Allowance and Disallowance of Claims.
Section 700.3807 - Payment of Claims.
Section 700.3808 - Individual Liability of Personal Representative.
Section 700.3809 - Secured Claims.
Section 700.3810 - Claims Not Due and Contingent or Unliquidated Claims.
Section 700.3811 - Counterclaims.
Section 700.3812 - Limitation on Execution or Levy Against Property of Estate.
Section 700.3813 - Settlement of Claims.
Section 700.3814 - Encumbered Assets.
Section 700.3815 - Effect of Administration in More Than One State.