What Happens if You Die Without a Will in Michigan?
If you die intestate in Michigan, the state has already decided who inherits according to their intestate succession rules. Here's the breakdown.
If You are Married with Children
- If at least one of your descendants is also your spouse's, your spouse inherits the first $301,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If none of your descendants are shared with your spouse, your spouse inherits the first $201,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit what remains.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living parents. If you have living parents, your spouse inherits the first $301,000, plus 3/4 of the remaining balance, and your parents inherit any remaining parts of your estate.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit your estate.
If No Living Relatives Can Be Found
Your property reverts to the state of Michigan, though this is a rare occurrence because the law conducts a thorough search for relatives first.
Other Things to Know about Dying Without a Will in Michigan
- For a child to inherit under intestate succession, they generally need to be legally recognized, adopted, born inside marriage, or born outside marriage with proof of paternity, and a posthumously born child must survive at least 120 hours.
- A Michigan court has held that a typed note found on someone's phone could qualify as a valid will under the state's "harmless error" doctrine, even though it met none of the state's formal or holographic will requirements, a reminder of how flexible Michigan courts can be about intent. That said, this is not a substitute for a properly executed will.
- Stepchildren generally don't inherit from the estate unless they were legally adopted.
When Does an Estate Go Through Probate Without a Will
If you die without a will in Michigan, your estate may still avoid full probate if the personal property is valued at roughly $53,000 or less and doesn't include real estate, using a transfer-by-affidavit process 28 days after death. Larger estates go through the probate court.
Check out this article to learn more about probate in Michigan.
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