What Happens If You Die Without a Will in Michigan?
Without a will in Michigan, a surviving spouse takes the first $301,000 plus half of the restMCL § 700.2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationMCL § 700.2106Verified Sep 10, 2026View source.
Michigan intestacy law decides. Michigan follows separate property rulesMCL § 700.2102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of parents; Grandparents and their descendants; The State of MichiganMCL § 700.2102Verified Sep 10, 2026View source.
The surviving spouse's share in Michigan depends on the family. With no children: If no parent survives: entire estate. If a parent survives: first $301,000 plus 3/4 of the remaining estateMCL § 700.2102Verified Sep 10, 2026View source. With shared children: First $301,000* plus 1/2 of the remaining estate (*adjusted annually for inflation)MCL § 700.2102Verified Sep 10, 2026View source. When a child from a prior relationship survives: If some descendants are shared: first $301,000 plus 1/2 of the remaining estate. If no descendants are shared: first $201,000 plus 1/2 of the remaining estate. Both dollar amounts are adjusted annually for inflationMCL § 700.2102Verified Sep 10, 2026View source.
Michigan divides per capita at each generationMCL § 700.2106Verified Sep 10, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Michigan requires an heir to survive the decedent by 120 hoursMCL § 700.2104Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Michigan intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Michigan will signing requirements set out what a valid will takes.
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Death of a Parent
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Learn moreForms for Planning and Settling an Estate in Michigan
Free Michigan forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Michigan, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority for Personal Representative; an informal (registrar) track is availableMCL 700.3302Verified Sep 8, 2026View source.
Notice to Creditors
In Michigan, the notice to creditors is published for 1MCL 700.3801, 700.3803, 700.3804, 700.3805, 700.3806; MCR 5.208, MCR 5.106Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsMCL 700.3803Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Michigan, a person named as personal representative may renounce the right to serveMich. Comp. Laws § 700.3203(3)Verified Sep 22, 2026View source before anyone is appointed.
Affidavit of Heirship
In Michigan, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areMCL 565.451a-565.453 (1915 PA 123); MCL 257.236Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Michigan, the Affidavit of Decedent's SuccessorMCL 700.3983Verified Sep 8, 2026View source covers estates with personal property of $53,000MCL 700.3983Verified Sep 8, 2026View source or less, 28 daysMCL 700.3983Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Michigan, the personal representative files the estate inventory within 91 daysMCL 700.3706, 700.3707, 700.3708Verified Sep 15, 2026View source of appointment.
Estate Closing
In Michigan, the personal representative is discharged automatically once the statutory period runsMCL 700.3954(2), 700.3956, 700.3958Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Planning and Settling an Estate in Michigan
Free calculators and checklists for planning or settling an estate in Michigan: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Michigan costs an estimated $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Michigan allows you to name your own agent in advanceMCL 700.3206(2), MCL 700.3206aVerified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Michigan levies no estate or inheritance taxNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Michigan imposes no inheritance or estate taxNo state estate or inheritance tax on a death today. Michigan's estate tax (MCL 205.232) is not repealed — it is a "pick-up" tax equal to the maximum allowable federal credit for state death taxes, and that federal credit was eliminated for deaths after December 31, 2004 (replaced by the 26 U.S.C. § 2058 deduction; the old IRC § 2011 credit was struck from the Code in 2014), so the Michigan tax computes to $0. Michigan's inheritance tax applies only to decedents who died on or before September 30, 1993 (MCL 205.223; Michigan Treasury Inheritance Tax FAQ). Michigan levies no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 5 months to 7 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Michigan take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesMCL § 206.51 (statutory base 4.25% with annual revenue-trigger reduction formula)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Michigan costs an estimated $25,430MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 5 months to 7 months for a simple estate, with attorney fees of typically 1.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.7%MCR 5.313(A) (attorney entitled to reasonable compensation; MRPC 1.5(a) factors); MCL 700.3721 (court reviews reasonableness of attorney compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $53,000MCL 700.3983Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Michigan pays executors reasonable compensationMCL 700.3719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.