Michigan Intestate Succession: Who Inherits When There's No Will

When someone dies without a valid will in Michigan, they die "intestate." That means the state's inheritance laws — not the deceased's wishes — determine who gets what. Michigan's intestate succession rules are spelled out in the Estates and Protected Individuals Code (EPIC), MCL 700.2101 through 700.2114.

Understanding these rules matters immediately, because they determine who has legal authority to act on the estate, who must be notified during probate, and who actually receives the assets at the end.

The Surviving Spouse Gets Priority — But How Much Depends on Family Structure

Michigan law gives surviving spouses substantial inheritance rights, but the exact share depends on whether the deceased had children and whether those children are also the surviving spouse's children.

If there are no surviving children or parents of the deceased: The surviving spouse inherits the entire estate.

If all surviving children are also the surviving spouse's children, and there are no children from other relationships: The surviving spouse inherits the entire estate.

If the deceased had children from a previous relationship (not with the surviving spouse): The surviving spouse inherits the first $150,000 (adjusted for inflation under EPIC), plus one-half of the remaining balance. The deceased's children split the other half equally.

If the deceased had no children, but a surviving parent: The surviving spouse inherits the first $150,000 (inflation-adjusted), plus three-quarters of the remaining balance. The surviving parent receives the rest.

These dollar thresholds are adjusted periodically under EPIC's COLA provisions, so verify the current figure at the time of administration.

The Distribution Hierarchy After the Surviving Spouse

If there is no surviving spouse, or after the surviving spouse's share is satisfied, assets pass in this order:

1. Descendants (children, then grandchildren) — divided equally among children; if a child predeceased, their share passes to their own children (per stirpes)
2. Parents — equally if both survive, or all to the survivor
3. Descendants of parents (siblings of the deceased, then their children)
4. Grandparents — equally between maternal and paternal lines, or all to the surviving grandparent(s)
5. Descendants of grandparents (aunts, uncles, then cousins)
6. Great-grandparents and their descendants
7. If none of the above: The estate escheats (goes) to the State of Michigan

Michigan does not impose a "laughing heir" cutoff as some states do — it will trace family relationships several generations before turning assets over to the state. But practically, if someone dies with no known relatives beyond second cousins, the estate may require a genealogical search before distribution.

Who Is Considered a "Child" Under Michigan Law?

Michigan intestate succession includes:

• Biological children, whether born in or out of wedlock (when paternity is established)
• Legally adopted children (treated identically to biological children)
• Children conceived before death but born after (posthumous children)

Not included:

• Stepchildren (unless legally adopted)
• Foster children (unless legally adopted)
• Grandchildren (they only inherit if their parent — the deceased's child — predeceased them)

Half-Relatives

In Michigan, half-siblings inherit equally with full siblings under intestate succession. If the deceased had three siblings — one full sibling and two half-siblings — all three receive equal shares of whatever passes through that distribution tier.

Same-Sex Spouses and Domestic Partners

Following the US Supreme Court's Obergefell decision, same-sex legally married spouses have identical inheritance rights to opposite-sex spouses under Michigan intestate succession law. However, unmarried domestic partners — regardless of the length or nature of the relationship — have no inheritance rights under Michigan intestate law. Without a will, an unmarried partner receives nothing from the estate.

The Statutory Allowances That Come Before Distribution

Even under intestate succession, certain allowances take priority over creditor claims and the general distribution hierarchy. For 2026, Michigan provides:

• Homestead Allowance: $30,000 to the surviving spouse (or equally divided among minor and dependent children if no surviving spouse)
• Exempt Property Allowance: $20,000 in household furniture, vehicles, and similar personal property
• Family Allowance: Up to $36,000 for the surviving spouse and minor children during estate administration

These allowances are paid out before the estate is distributed to any heir — including before Medicaid estate recovery claims are satisfied in most cases. Families who don't know about these allowances routinely leave money on the table.

Probate Is Still Required

Dying without a will doesn't simplify the legal process — if anything, it complicates it. Without a named executor, the probate court must appoint a Personal Representative (typically the surviving spouse or an heir who petitions). The court will also issue Letters of Authority, which the Personal Representative needs to access bank accounts, manage property, and make distributions.

The 2026 small estate threshold of $53,000 still applies — estates with probate assets below that amount can use the Petition and Order for Assignment (SCAO Form PC 556) or the Transfer by Affidavit (SCAO Form PC 598, for non-real estate assets), skipping full formal probate.

Estates above $53,000, or those with solely-titled real property, generally require formal or informal probate through the county probate court, with all the associated timelines and forms under EPIC.

Getting This Right

The stakes are real. Distributing assets to the wrong person, paying a creditor who ranks below a statutory allowance, or missing the 91-day inventory deadline can create personal liability for the Personal Representative. Michigan's intestate succession rules are detailed, and the probate procedures are procedurally strict.

The Michigan Estate Settlement Guide covers how to administer a Michigan estate whether or not there's a will — including the exact SCAO forms, the 2026 threshold figures, and a phase-by-phase timeline from death through final distribution. It also covers the statutory allowances in detail, so you understand exactly what the surviving family is entitled to claim before any creditor or heir receives a distribution.

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