Michigan Elective Share

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan elective share questions come up when a surviving spouse receives little or nothing under a will. Michigan law gives a surviving spouse choices that can affect probate distribution, allowances, and family negotiations.

This guide provides general Michigan elective share information. Ask Michigan counsel before waiving rights, filing an election, or distributing estate property.

MCL 700.2202 addresses a surviving spouse's election. The spouse may have choices tied to the will, intestacy, or statutory share rules. The right is separate from simply reading the will.

Do not assume a will can fully disinherit a spouse without review. Start with the will, marriage status, probate assets, nonprobate assets, and family allowances.

If there is no valid will, Michigan intestate succession controls probate property. If there is a will, the surviving spouse may still need to compare the will's gift with elective-share options.

Read Michigan intestate succession and Michigan surviving spouse rights together before deciding.

Allowances Still Matter

Michigan spouse rights also include the homestead allowance, family allowance, and exempt property. These rights can affect payment order and estate cash flow.

Use Michigan homestead allowance, Michigan family allowance, and Michigan exempt property for those separate protections.

Timing And Court Filing

Election timing depends on the probate case and notice. A spouse should act quickly after receiving probate papers. Waiting can create waiver, distribution, or court-order problems.

Gather the will, petition or application, notice papers, inventory, account records, beneficiary forms, deeds, and any marital agreement.

Do not treat an informal family promise as the same thing as a filed election or written waiver. A personal representative should keep proof of notice, any spouse response, and any court order with the estate accounting before making final distributions.

Records To Review

Before deciding, review:

Probate inventory
Trust documents
Beneficiary accounts
Joint property
Real estate deeds
Prenuptial or postnuptial agreements
Prior estate planning documents
Estate debts and allowances

If the will itself may be invalid, read Michigan will contests.

Tax and title records can also change the practical choice. A spouse may need to compare probate value, nonprobate transfers, sale plans, creditor claims, and allowance payments before deciding whether an election is worth filing.

Sources:

Title: MCL 700.2202, Election of surviving spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2202
Title: MCL 700.2203, Waiver of right to elect and other rights. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2203
Title: MCL 700.2402, Homestead allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2402
Title: MCL 700.2403, Family allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2403

This guide provides general Michigan elective share information. Verify rights, deadlines, waivers, and court filing options with Michigan counsel.