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Michigan Intestate Succession: Spouse, Heirs, and Probate Property
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Michigan Intestate Succession: Spouse, Heirs, and Probate Property

Michigan intestate succession guide. Learn who inherits probate property without a will, how spouse shares work, and when heirs take under Michigan law.

By Settled Editorial

Michigan intestate succession applies when someone dies without a valid will and leaves probate property. It does not decide every asset after death.

Start by separating probate property from accounts, insurance, trust assets, survivorship property, and beneficiary designations. Intestacy usually applies only after that sorting step.

For the guide version, see Michigan intestate succession.

The Spouse Share Comes First

MCL 700.2102 sets the surviving spouse's intestate share. The spouse may receive the whole intestate estate, or a dollar amount plus part of the balance, depending on which relatives survive. For a broader spouse checklist, use the Michigan surviving spouse rights guide and compare any will-based choice with Michigan elective share.

The spouse share changes when the decedent leaves:

  • No descendants or parents
  • Descendants who are also descendants of the surviving spouse
  • A surviving parent
  • Descendants from another relationship
  • A spouse who has descendants from another relationship

Michigan adjusts statutory dollar amounts under MCL 700.1210. Check the adjusted amount for the date of death before using a number in a filing or family distribution plan.

If Property Does Not Pass to a Spouse

MCL 700.2103 gives the order for heirs other than a surviving spouse.

Property can pass to:

  1. Descendants by representation.
  2. Parents.
  3. Descendants of the decedent's parents.
  4. Grandparents or descendants of grandparents, with the split handled under the statute.

If no heir takes under the Michigan intestacy statutes, MCL 700.2105 sends the property to the State of Michigan.

Representation Can Change the Split

MCL 700.2106 explains representation. The estate divides at the nearest generation that has surviving descendants. If someone in that generation died before the decedent, that person's descendants can take that share.

This rule can matter when a child, sibling, aunt, uncle, or cousin line is involved.

Half Siblings and Parent-Child Status

MCL 700.2107 treats half-blood relatives the same as whole-blood relatives for intestacy.

MCL 700.2114 controls parent-child relationship questions. Adoption, legal parentage, and statutory relationship rules can change who counts as a child or parent for inheritance.

Do not rely only on family labels. A probate filing may need a family tree that tracks legal relationships.

Intestacy Does Not Pay Bills First

Being an heir does not mean property can be distributed right away. Probate property may still need estate administration, creditor review, allowances, tax work, title transfers, and court orders. If spouse or child allowances affect the estate cash flow, review Michigan homestead allowance. If a disputed will could change the no-will analysis, review Michigan will contests before distributing.

If the estate is small, compare the Michigan small-estate affidavit and assignment guide. If the family is unsure whether a document was signed correctly, compare it with the Michigan will requirements guide. If a will predates a marriage, birth, or adoption, review Michigan omitted spouse and child. If the estate has real estate, vehicles, or accounts with title questions, start with Transfer Property After Death in Michigan.

Records to Gather

Collect:

  • Death certificate copies
  • Marriage records
  • Divorce records
  • Adoption or parentage records
  • Birth records for descendants
  • Death records for relatives who died earlier
  • Asset title and beneficiary records

The probate court may ask for enough family information to identify heirs and decide whether a personal representative or order is needed.

Sources:

This article provides general Michigan intestacy information. Verify estate facts, legal relationships, and current adjusted amounts before filing or distributing property.

Information current as of May 16, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Michigan can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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