If you die without a will in Michigan, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in Michigan.
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Michigan.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
|
If you die with: |
here's what happens: |
| children but no spouse | children inherit everything |
| spouse but no descendants or parents | spouse inherits everything |
| spouse and descendants from you and that spouse | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
| spouse, at least one descendant from you and that spouse, and at least one descendant from another relationship | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
| spouse, no descendants from you and that spouse, and at least one descendant from another relationship | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
| spouse and parents | spouse inherits the first $150,000 of your intestate property, plus 3/4 of the balance parents inherit everything else |
| parents but no spouse or descendants | parents inherit everything |
| siblings but no spouse, descendants, or parents | siblings inherit everything |
Note: The dollar amounts in the chart above are based on the amounts for people who died in 2000 or earlier. The amount is adjusted each year for the cost of living. The department of treasury publishes the cost-of-living adjustment factor that is multiplied by the dollar amount. For example, in 2018 the factor was 1.527, so instead your spouse getting the first $150,000 if you had no descendants but had parents when you died, he or she would get the first $229,000, plus 3/4 of the balance of your estate. The amount is rounded to the nearest thousand dollars. Mich. Comp. Laws § 700.2103.
In Michigan, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $150,000 of your intestate property, plus 3/4 of the balance.
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $150,000 worth of that property plus 3/4 of everything else. The remaining 1/4 of the intestate property goes to Gerry's father.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance.
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $150,000 worth of that property plus half of everything else. The two children split the remaining half of Bill's intestate property.
If you die with at least one descendant from you and the surviving spouse, and at least one descendant from another relationship. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance.
Example: Barrett and Jed are married, and they have a 19-year-old daughter. Barrett also has a son from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $350,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright. He also inherits $150,000 worth of Barrett's property, plus 1/2 of the balance -- that is, $100,000 -- for a total of $250,000. The two children split the remaining $100,000 share of Barrett's property.
If you die with at least one descendant from a previous relationship and no descendants from you and the surviving spouse. Your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance.
Example: Let's slightly change the example above. In this case, let's say Barrett and Jed are married, but they don't have kids together. Barrett has a son from a previous marriage. Now Jed's share of the $350,000 worth of intestate property is $100,000, plus 1/2 of the balance -- that is, $125,000 – for a total of $225,000. Barrett's son inherits the remaining $125,000 share of Barrett's property.
If you die without a will in Michigan, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Michigan must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
If you want to read the law, Michigan Compiled Laws § § 700.2108 and 700.2114 cover parent-child relationships. You can search the code from the website of the Michigan Legislature.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Michigan intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Michigan's intestate succession laws in the Michigan Compiled Laws § § 700.2101 to 700.2114. If you want to read the law, you can search the Michigan Compiled Laws from the website of the Michigan Legislature.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
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