What Happens If You Die Without a Will in Michigan?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Michigan intestacy laws determine who inherits when there is no will.MCL § 700.2102Verified May 31, 2026 Michigan follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Michigan depends on family structure.MCL § 700.2102Verified May 31, 2026 With no children: If no parent survives: entire estate. If parent survives: first $301,000* plus 3/4 of the remaining estate.. With shared children: First $301,000* plus 1/2 of the remaining estate (*adjusted annually for inflation). When children from a prior relationship survive: If some descendants are shared: first $301,000* plus 1/2 of remaining estate. If no descendants are shared: first $201,000* plus 1/2 of remaining estate..
Michigan uses the "per capita at each generation" distribution method.MCL § 700.2106Verified May 31, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation
Michigan requires an heir to survive the decedent by 120 hours to inherit.MCL § 700.2102Verified May 31, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Michigan intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.MCL § 700.2102Verified May 31, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Michigan will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Michigan depend on estate size and complexity. Estates valued at $53,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Michigan probate cost calculator for a detailed estimate.
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Michigan Estate Planning Resources
In-depth guides covering Michigan probate laws, trust requirements, and estate planning strategies.
