MI state guide
Michigan estate risk overview
This guide explains how estate outcomes work in Michiganwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Michigan intestacy gives the surviving spouse a base dollar amount plus a fraction that varies with family structure, with the remainder passing to descendants or other heirs.
- If there is no surviving descendant or parent, the spouse inherits the entire intestate estate.
- If descendants or parents survive, the spouse receives a dollar amount plus one-half or three-fourths of the balance depending on the family mix.
- The statutory dollar amounts are adjusted periodically for inflation.
- Any remaining estate passes to descendants by representation, then to parents, then to descendants of parents.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Michigan allows small-estate transfers by affidavit or court assignment when the estate is within the annually adjusted cap.
- The small-estate cap for affidavits and assignments is $51,000 for 2025.
- The cap is adjusted annually for inflation.
- Small-estate procedures are tied to MCL 700.3982 and 700.3983.
- Michigan's small-estate cap is updated annually; affidavits and assignments must use the current published limit.
Estate and inheritance tax exposure
Michigan does not impose a state estate tax or inheritance tax.
- No Michigan estate tax.
- No Michigan inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Michigan courts can appoint guardians for minors on petition, and parental nominees generally have priority.
- A parent may appoint a guardian by will or other signed writing, subject to court procedures.
- A minor age 14 or older may petition for a guardian and may object to a parental appointment.
- The court may appoint a guardian when statutory conditions are met and can prioritize a parental nominee who accepts.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Risk areas
Explore estate risk dimensions in Michigan
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Michigan
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Michigan
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Michigan
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.