Sec. 3807.
(1) Upon the expiration of 4 months after the publication date of the notice to creditors, and after providing for administration costs and expenses, for reasonable funeral and burial expenses, for the homestead, family, and exempt property allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration, the personal representative shall pay the claims allowed against the estate in the order of priority as provided in this act. A claimant whose claim has been allowed, but not paid as provided in this section, may petition the court to secure an order directing the personal representative to pay the claim to the extent that property of the estate is available for the payment.
(2) The personal representative may pay a claim that is not barred at any time, with or without formal presentation, but is individually liable to another claimant whose claim is allowed and who is injured by the payment if either of the following occurs:
(a) Payment is made before the expiration of the time limit stated in subsection (1) and the personal representative fails to require the payee to give adequate security for the refund of any of the payment necessary to pay another claimant.
(b) Payment is made, due to the negligence or willful fault of the personal representative, in a manner that deprives the injured claimant of priority.
(3) If a claim is allowed, but the claimant's whereabouts are unknown at the time the personal representative attempts to pay the claim, upon petition by the personal representative and after notice that the court considers advisable, the court may disallow the claim. If the court disallows a claim under this subsection, the claim is barred.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 54, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000 ;-- Am. 2016, Act 490, Eff. Apr. 6, 2017 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.