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Michigan Surviving Spouse Rights in Probate
Support GuideMichigan4 min read

Michigan Surviving Spouse Rights in Probate

Michigan surviving spouse rights guide. Track spouse shares, election review, allowances, and exempt property issues.

By Settled Editorial

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

Michigan surviving spouse rights can affect probate even when a will exists. A spouse may have an intestate share when there is no valid will, may need elective-share review when a will leaves too little, and may also have family-protection rights such as homestead allowance, family allowance, and exempt property.

Do not distribute an estate until the spouse question is settled. Spouse rights can affect payment order, title decisions, and whether other beneficiaries receive anything yet.

If There Is No Will

MCL 700.2102 controls the surviving spouse's intestate share. The spouse may receive all of the intestate estate, or a statutory base amount plus part of the balance, depending on whether descendants or parents survive and whether descendants are also descendants of the surviving spouse.

The statutory dollar amounts are adjusted under MCL 700.1210. Use the base amount to understand the rule, then verify the current adjusted amount for the date of death.

Read the Michigan intestate succession guide before assuming a spouse receives everything.

If There Is a Will

A will may leave property to a spouse, leave less than expected, or leave the spouse nothing. Michigan has elective-share rules that may require attorney review when the will conflicts with the surviving spouse's rights.

MCL 700.2202 is the starting point for Michigan elective-share review. These calculations can involve probate and nonprobate context, waivers, and family facts. A personal representative should not treat a disinheriting will as final without confirming whether the spouse has an election issue.

Homestead Allowance

MCL 700.2402 creates a Michigan probate homestead allowance for a surviving spouse, or if there is no surviving spouse, for minor and dependent children. This is a probate allowance. It is not the same as Michigan's property-tax Principal Residence Exemption.

The homestead allowance has priority over many claims, but administration expenses and reasonable funeral and burial expenses come before it.

Family Allowance and Exempt Property

MCL 700.2403 provides a reasonable family allowance during estate administration for the surviving spouse and qualifying minor or dependent children. If the estate is not adequate to pay allowed claims, the family allowance may not continue for more than 1 year.

MCL 700.2404 lets the surviving spouse select certain exempt property, including household items and automobiles, up to the statutory value as adjusted under MCL 700.1210. If there is no surviving spouse, children may have the right subject to statutory limits.

Use the Michigan family allowance guide and Michigan exempt property guide for the detailed allowance rules.

Property That May Transfer Outside Probate

A surviving spouse may also receive property outside probate through survivorship title, beneficiary designation, trust terms, or vehicle/title procedures. Those transfers are separate from the spouse's probate share.

For title-driven transfers, compare the Michigan transfer-after-death guide and Michigan vehicle title transfer guide. For the overall court path, use the Michigan probate guide.

Executor Checklist for Spouse Issues

Before payment or distribution, the personal representative should:

  • Confirm marital status at death.
  • Review the will, beneficiary designations, and title records.
  • Check whether the spouse has an intestate, elective-share, allowance, or exempt-property issue.
  • Confirm any waiver or agreement with counsel.
  • Keep written records before paying creditors or beneficiaries.

Sources:

This guide provides general Michigan spouse-rights information. Ask a Michigan probate attorney before making an election, waiving rights, paying claims, or distributing property.

Information current as of June 3, 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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