What happens when someone in Michigan passes away without a will? This situation—more common than many expect—leads to a legal process known as intestate succession.
In simple terms, intestate succession refers to the statutory rules that govern how a deceased person’s assets are distributed when no valid will exists. These default laws help ensure assets transfer to appropriate heirs, minimize family conflict, and maintain legal clarity.
Michigan has a well-defined set of intestate succession rules under its Estates and Protected Individuals Code (EPIC). While every family situation is different, understanding the basic structure of these laws can provide peace of mind and direction during a difficult time.
What Is Intestate Succession?
When a person dies intestate—without a will—Michigan law determines how their probate assets are distributed. Only assets that would have passed through a will are subject to intestate succession. Property held jointly, beneficiary designations (e.g., life insurance), and trust-held assets are typically non-probate and not governed by these rules.
General Order of Distribution in Michigan
- Surviving Spouse – The spouse’s share depends on the presence of descendants, parents, or other relatives.
- Descendants (children, grandchildren, etc.)
- Parents
- Siblings and their descendants
- More remote relatives
- State of Michigan (escheat), if no heirs exist
Michigan-Specific Rules on Intestate Succession
Michigan’s intestate succession statutes are found in MCL 700.2101 through 700.2114. The distribution can be complex, but here’s a simplified guide:
1. Spouse and Descendants (Children or Grandchildren)
- If all of the decedent’s descendants are also descendants of the surviving spouse, the spouse inherits the first $150,000 (adjusted for inflation) plus one-half of the remaining estate. The descendants receive the rest.
- If any descendant is not also a descendant of the surviving spouse, the spouse gets the first $100,000 (adjusted) plus half of the balance; the remainder goes to those descendants.
2. Spouse and No Descendants, but Parents Survive
- The spouse gets the first $150,000 (adjusted) plus three-quarters of the balance; the rest goes to the decedent’s parents.
3. No Spouse
- The estate goes entirely to the descendants, or if none, to the parents, then siblings, nieces/nephews, and so on down the family line.
Common Scenarios in Michigan Intestate Succession
Let’s look at three real-life examples based on Michigan law:
Scenario 1: Surviving Spouse and Joint Children
Sarah dies with a surviving husband and two children they had together.
- Her husband inherits the first $150,000 (adjusted) and 50% of the remainder.
- The two children split the remaining 50%.
Scenario 2: No Spouse, Surviving Parent
Sarah dies unmarried, with no children, but one living parent.
- That parent receives her entire probate estate.
Scenario 3: No Immediate Family
Sarah dies unmarried, with no children, parents, or siblings.
- Her estate would pass to more remote relatives like aunts, uncles, cousins, or their descendants. If no family can be located, the estate escheats to the State of Michigan.
Steps to Take If There’s No Will
Handling an intestate estate involves careful steps:
- Collect Key Documents – Death certificate, deeds, financial statements, loan records.
- Open Probate – File the necessary paperwork with the probate court in the county where the decedent resided.
- Petition for Personal Representative – The court will appoint someone (often a family member) to manage the estate.
- Identify Heirs and Creditors – The personal representative must notify heirs and known creditors.
- Distribute Assets – According to Michigan’s intestate succession laws after debts and taxes are paid.
Why Having a Will Still Matters
Michigan’s intestate succession laws strive to be fair—but “fair” doesn’t always reflect personal wishes. For example, unmarried partners, stepchildren, or close friends do not inherit under intestate succession.
Creating a will (or a comprehensive estate plan including a trust, powers of attorney, and beneficiary designations) ensures that:
- Your assets go to the people you choose.
- You can name a guardian for minor children.
- You reduce confusion, delay, and expense for your loved ones.
Final Thoughts
Understanding Michigan’s intestate succession laws helps families prepare for unexpected loss and highlights the importance of planning ahead. While these laws provide a safety net, they may not match your specific wishes.
At La Grasso, Abdo & Silveri PLLC, we help clients navigate estate planning and probate matters across Michigan. Whether you’re trying to settle a loved one’s estate or want to ensure your own affairs are in order, our attorneys are here to help. Contact us today to schedule a consultation and take the next step toward peace of mind for you and your family.