Intestate Succession in Michigan

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.

Which Assets Pass by Intestate Succession

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:

• property you've transferred to a living trust
• life insurance proceeds with a named beneficiary
• funds in an IRA, 401(k), or other retirement account with a named beneficiary
• securities held in a transfer-on-death account
• real estate for which you have a transfer on death deed
• vehicles for which you have a transfer on death registration
• payable-on-death bank accounts, or
• property you own with someone else in joint tenancy or tenancy by the entirety.

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.

Who Gets What 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:

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.

The Spouse's Share in Michigan

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.

Children's Shares in Michigan

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.

• Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. Mich. Comp. Laws § 700.2114.
• Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
• Children placed for adoption. Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won't affect their intestate inheritance. Mich. Comp. Laws § 700.2114.
• Posthumous children. Children conceived by you but not born before your death will receive a share as long as they survive at least 120 hours after birth. Mich. Comp. Laws § 700.2108.
• Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if (1) you married the child's mother after the birth, (2) you and the mother sign an acknowledgment of paternity, (3) you and the child's mother corrected the child's birth certificate, (4) a court determined paternity under Michigan law, (5) you and the child both acknowledged the relationship before the child turned 18, or (6) paternity is established after your death. Mich. Comp. Laws § 700.2114.
• Children born during your marriage. Any child born to your wife during your marriage is assumed to be your child and will receive a share of your estate. Mich. Comp. Laws § 700.2114.
• Grandchildren. A grandchild will receive a share only if that grandchild's parent (your son or daughter) is not alive to receive his or her share. Mich. Comp. Laws § 700.2106.

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.

Will the State Get Your Property?

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.

Other Michigan Intestate Succession Rules

Here are a few other things to know about Michigan intestacy laws.

• Survivorship period. To inherit under Michigan's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. Mich. Comp. Laws § 700.2104.
• Half-relatives. "Half" relatives inherit as if they were "whole." That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common. Mich. Comp. Laws § 700.2107.
• Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive, as long as they survive at least 120 hours after birth. Mich. Comp. Laws § 700.2108.
• Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States. Mich. Comp. Laws § 700.2111.
• Advancements. If you gave property to a relative during your lifetime, the value of this gift is subtracted from your relative's share only if you put this in writing at the time of making the gift or your relative admits this in writing. Mich. Comp. Laws § 700.2109..

Learn More

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.