Michigan Intestate Succession

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

When a Michigan resident dies without a valid will, Michigan intestate succession rules decide who receives probate property. These rules do not control every asset. They usually apply only to property that is part of the probate estate.

Beneficiary accounts, trust assets, payable-on-death accounts, transfer-on-death registrations, and survivorship property often pass outside intestacy. For title-driven transfers, start with Transfer Property After Death in Michigan.

Start With the Surviving Spouse

MCL 700.2102 sets the surviving spouse's share. The answer depends on who else survives the decedent.

Family situation	Spouse share
No surviving descendant or parent	Entire intestate estate
All descendants are also descendants of the surviving spouse, and the spouse has no other surviving descendants	$150,000 base amount plus 1/2 of the balance
No surviving descendant, but a parent survives	$150,000 base amount plus 3/4 of the balance
All decedent descendants are also descendants of the surviving spouse, and the spouse has other surviving descendants	$150,000 base amount plus 1/2 of the balance
Some, but not all, decedent descendants are not descendants of the surviving spouse	$150,000 base amount plus 1/2 of the balance
No decedent descendants are descendants of the surviving spouse	$100,000 base amount plus 1/2 of the balance

Michigan adjusts the statutory dollar amounts under MCL 700.1210. Treat the table as the statutory structure, then verify the current adjusted amount for the date of death.

If Property Does Not Pass to a Spouse

MCL 700.2103 gives the order for property that does not pass to a surviving spouse, or for the whole intestate estate if there is no surviving spouse.

The order is:

Descendants by representation.
Parents, equally if both survive, or all to the surviving parent.
Descendants of the decedent's parents by representation.
Grandparents or descendants of grandparents, split between paternal and maternal sides under the statute.

If no taker exists under the Michigan intestacy rules, MCL 700.2105 sends the property to the State of Michigan.

What "By Representation" Means

MCL 700.2106 controls representation. The estate divides at the nearest generation with surviving descendants. A deceased person in that generation can have their share pass down to their surviving descendants.

This matters when a child, sibling, aunt, uncle, or other relative died before the decedent but left descendants.

Half-Blood Relatives

MCL 700.2107 treats half-blood relatives the same as whole-blood relatives for intestate succession. A half sibling does not receive less just because they share only one parent with the decedent.

Adopted Children and Parent-Child Status

MCL 700.2114 controls parent-child relationship rules for intestacy. Do not assume inheritance rights based only on biology, caregiving, or family practice. Adoption, legal parentage, and statutory relationship rules can change the answer.

What Intestacy Does Not Decide

Michigan intestate succession does not decide:

Who receives trust property
Who receives life insurance with a living beneficiary
Who receives retirement accounts with a beneficiary
Who owns survivorship property after death
Whether creditors, liens, taxes, or allowances must be paid first

Those questions need separate title, beneficiary, and probate review.

Next Steps

Confirm there is no valid will.
List only probate assets before applying intestacy.
Build a family tree with spouse, descendants, parents, siblings, and grandparent lines.
Check whether any statutory dollar amounts need current adjustment.
Use the county probate court if an order determining heirs is needed.

For the wider process, read the Michigan probate guide. For small estates, see Michigan small-estate affidavit and assignment. For tax records around inherited assets, see the Michigan estate tax and inheritance tax guide.

Sources:

Title: MCL 700.2102, Share of spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2102
Title: MCL 700.2103, Share of heirs other than surviving spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2103
Title: MCL 700.2105, No taker, effect. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2105
Title: MCL 700.2106, Representation. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2106
Title: MCL 700.2107, Relative of half blood. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2107
Title: MCL 700.2114, Parent and child relationship. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 9 of 2026. URL: https://legislature.mi.gov/doc.aspx?mcl-700-2114

This guide provides general information about Michigan intestate succession. Verify estate-specific rights with the probate court or a Michigan probate attorney.