Michigan Omitted Spouse

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

Michigan omitted spouse and child issues can arise when a will was signed before a later marriage or before a child was born or adopted. The question is not only what the will says. Michigan law may create a separate review for the spouse or child left out of the document.

This guide provides general Michigan omitted spouse and omitted child information. Ask Michigan probate counsel before distributing an estate when a will predates a marriage, birth, or adoption.

Start With the Dates

The most important facts are dates. Gather the will, codicils, marriage record, divorce record, birth or adoption records, and death certificate.

Then compare:

date the will was signed
date of marriage
date of birth or adoption
date of any codicil or later estate plan
date of death

Small date differences can change the analysis.

Omitted Spouse Review

MCL 700.2301 addresses a spouse omitted from a premarital will. The statute is fact-specific and has exceptions. Do not assume the spouse receives nothing just because the will is silent.

The surviving spouse may also need to compare omitted-spouse issues with Michigan elective share, Michigan homestead allowance, Michigan family allowance, and Michigan exempt property.

Omitted Child Review

MCL 700.2302 addresses omitted children. The issue often comes up when a child was born or adopted after the will was signed.

The analysis may depend on the will, other children, transfers outside the will, and whether the omission appears intentional. Keep beneficiary forms, trust documents, and prior estate-planning records with the probate file.

How This Differs From Intestacy

Intestacy applies when there is no valid will for probate property. Omitted spouse and omitted child issues can arise even when there is a will.

Use Michigan intestate succession for no-will distribution. Use Michigan will requirements and Michigan will contests when the question is whether the will is valid, revoked, or disputed.

What the Personal Representative Should Do

Do not rush distributions when a will predates a major family change. The personal representative should:

Keep the original will and all codicils.
Build a family timeline.
Identify probate and nonprobate assets.
Collect marriage, divorce, birth, and adoption records.
Review spouse allowances and elective-share options.
Ask the probate court or counsel before final distributions.

If a personal representative has already been appointed, use Michigan probate accounting to track records and Michigan executor duties for fiduciary steps.

Planning Ahead

Update estate documents after marriage, divorce, birth, adoption, relocation, major property changes, or trust changes. A simple update during life is usually easier than a family dispute after death.

For the broader document set, read Michigan estate planning basics and Michigan revocable living trust.

Sources:

Title: MCL 700.2301, Entitlement of spouse; premarital will. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2301
Title: MCL 700.2302, Omitted children. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2302
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 700.2507, Revocation by writing or act. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2507

This guide provides general Michigan omitted spouse and omitted child information. Verify family facts, will language, spouse rights, child rights, and court filing steps with Michigan counsel.