Publication Notice to Creditors Probate creditors publication











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You have been appointed the Personal Representative of a probate estate and it is time to publish for creditors. • Darren Findling of The Probate Pro explains step by step how to prepare and file the publication notice to creditors. • (833) PROBATE • https://www.TheProbatePro.com • Facebook:   / theprobatepro   • LinkedIn:   / the-probate-pro-plc   • Instagram:   / theprobatepro   • Twitter:   / the_probatepro   • _________________________________________________________________ • Addresses: • Michigan Office: • 414 W. Fifth Street • Royal Oak, Michigan 48067 • Illinois Office: • 1525 East 53rd Street, Ste 439 • Chicago, Illinois 60615 • Florida Office: • 941 West Morse Blvd., Suite 100 • Winter Park, Florida 32789 • Please Call - (833) PROBATE • _________________________________________________________________ • Legal Disclaimer: • This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas. • you've been appointed the personal representative of a deceased probate estate and now it's time to publish hi I’m Darren Findling of The Probate Pro and we're going to spend some time discussing how notice is provided to creditors now creditors can occur in two different forms known creditors these are creditors that you are aware of or you should have been aware of by simply reviewing the mail a known creditor may be a credit card statement a medical bill it could be the neighbor down the street it is a creditor which you already have the information about the debt and in a prior video I have explained how to give notice to those known creditors it's pretty simple you fill out a form and you send them notice in this video we're going to discuss unknown creditors these are creditors that you don't know of or wouldn't be aware of it could be also the neighbor down the street but more typically it's a medical provider a credit build a credit card things like that so how does Michigan law provide from notice two unknown creditors well it's through a publication process publishing in the legal news now this process is really archaic it belongs from a prior generation in which newspapers were the way people obtained information that were widely circulated among populations in today's day it doesn't really make sense because who reads these legal newspapers no one in fact the only people or entities that read legal newspapers are the creditors that are searching those legal newspapers for this data you may have seen in a legal newspaper notices columns within that newspaper that identify the publication of something that has died similarly within a mortgage foreclosure you see these listings but these legal newspapers really have not a wide range of circulation it's not like the general public is reading newspaper and saying oh wow somebody just died I better file a proof of claim because they owed me money that's just not the way it works but our statutes have not caught up to modern times and we still use this publication process in a legal written newspaper rather than using the Internet and all sorts of other techniques that could be used to ensure that notice is better provided to unknown creditors there are all sorts of ways that we could do so and that unfortunately has not caught up this process has not caught up to the times we're going to examine the timeline upon publication as well as the relevant statutes that apply to giving notice by publication now if you look at the general timeline of probate publication occurs really at the onset of the appointment of the personal representative this is governed by both a state statute mcl 700 point 3 801 and a court rule MCR Michigan Court Rule 5.20 8 it is these truths the statute and the Court Rule together that dictate how a personal representative is to give notice so here's what the statute generally says when you're appointed personal representative you are obligated to give notice to any of the unknown creditors by publishing in a legal newspaper in the county upon which the decedent resided or a county upon which the court is managing the deceased estate publication occurs for four weeks and this is a requirement a mandate of the personal representative or special personal representative to do so unless notice has been given before now there are times that notice is actually done in advance of the personal representative being appointed one obvious example is if you're the successor personal representative but also publication can occur with a trust administration so if it has already occurred you're excused from

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