Michigan Resources for Executors

If you die without a will in Michigan, your heirs must survive you by at least 120 hoursMCL § 700.2104Verified Sep 10, 2026View source to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters. Michigan uses "per capita at each generation" distribution when dividing assets among descendants. This modern approach ensures that grandchildren whose parent predeceased you share equally with other grandchildren, rather than splitting only their parent's portion.

Michigan does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Michigan provides constitutional homestead protection up to $3,500 in home equity. This shields the family home from most creditors during the owner's lifetime. Executors must publish a notice to creditors, who then have 4 monthsMCL 700.3803Verified Sep 8, 2026View source to file claims against the estate. Known creditors must also receive direct written notice.