Sharon E. Backstrom, Harold J. and Zelma G. Barbret, Virginia Boland, John A. and Theresa A. Cislaghi, Estate of Roger W. Dornbrock, Gary E. and Beverly G. Engel, Hermann K. and Helen W. Enzmann, - Page 20

                                       - 20 -                                         

               be commenced directly against the personal representative of           
               the decedent.  Just as the failure of heirs to probate a               
               decedent's estate does not preclude the commencement of an             
               action, neither should the closing of an estate preclude the           
               commencement of an action which otherwise is authorized.               
          Williams v. Grossman, 409 Mich. 67, 83-84, 293 N.W.2d 315, 320              
          (1980). Furthermore:                                                        
               Although the probate of an estate has been completed and the           
               estate closed, where a person has an action which by statute           
               may be commenced directly against the personal                         
               representative of the decedent without first filing a claim            
               against his probate estate, the administration of the estate           
               is "incomplete" within the meaning of the statute and upon             
               petition the estate may be reopened to provide a suable                
               person so that the action can be commenced. * * * [Fn. ref.            
               omitted.]                                                              
          Id. at 77-78, 293 N.W.2d at 317.  The Court believes that this              
          rule is particularly applicable to this case since the proceeding           
          in this Court commenced prior to Mr. Dornbrock's death and was              
          still pending at the time of his death and throughout the                   
          administration of his estate.  "A presentation of a claim is not            
          required in matters claimed in proceedings against the decedent             
          that were pending at the time of death."  Mich. Comp. Laws Ann.,            
          sec. 700.712 (West 1995).  Moreover, "a judgment in a proceeding            
          in another court against a personal representative to enforce a             
          claim against a decedent's estate constitutes an allowance of the           
          claim."  Id. sec. 700.717.  Mrs. Dornbrock failed to show that              
          the closing of her husband's estate prior to the time of the                
          substitution of parties in this case would have the effect of               
          invalidating the substitution of parties.  What she has shown,              





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