MI risk area
Intestacy risk in Michigan
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Michigan
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Act-386-of-1998.pdf
- https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-700-2104
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Michigan.