Estate Order of Inheritance in Michigan

When a person dies without a will, state law directs the distribution of estate assets. In Michigan, the order of inheritance, which is called intestate succession, is outlined in statute. In this article, we discuss the estate order of inheritance in Michigan. 

What is Probate?

Probate is a legal process that is intended to ensure that a deceased person’s assets are correctly managed and distributed. If a person dies with a will, then the probate court distributes assets pursuant to this document. However, if a person dies without a will, then his or her assets are distributed according to state law. 

Michigan Intestate Succession Basics

When a person dies in Michigan without a will, his or her estate is distributed pursuant to state law. As discussed above, this process is called intestate succession. The set of laws that governs intestate success is called the Michigan Estates and Protected Individuals Code. In general, the order of inheritance prioritizes close relatives. However, the order of succession is ultimately determined by the deceased party’s family situation at the time of his or her death.  

Spouse’s Rights

A deceased person’s surviving spouse is typically the primary beneficiary under Michigan’s intestacy laws. However, the specific amount that a spouse inherits depends upon several factors, including:

• If the deceased person has no children or surviving parents, then the spouse typically inherits the entire estate.

• If the decedent and surviving spouse have children, then the spouse inherits the first $150,000 of the estate and half of the remaining assets, while the couple’s children inherit the remainder.

• If the deceased party has children from a prior relationship, then the spouse inherits the first $150,000 and one-half of the remaining estate, while the children from the previous relationship inherit the remainder.

• If the deceased person has no children, but he or she has surviving parents, then the spouse inherits the first $150,000 and three-fourths of the remaining estate, while the deceased party’s parents inherit the remainder.

Children’s Rights 

If the decedent doesn’t have a surviving spouse, then his or her children inherit the entire estate. In Michigan, intestacy laws treat biological and adopted children equally. However, stepchildren of a deceased person don’t automatically inherit from the estate unless they were legally adopted by the decedent.

The Rights of Parents and Other Relatives

If the decedent has no children or surviving spouse, then the estate passes to his or her parents. And if the decedent’s parents are no longer living, then Michigan’s intestate succession process moves on to more distant relatives, such as brothers and sisters, nieces and nephews, cousins, and grandparents. 

Contact a Probate and Estate Administration Attorney