- 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,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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