Michigan Surviving Spouse Rights: What You're Entitled to Under Michigan Law

When a spouse dies in Michigan, the surviving spouse has legal rights that exist independently of what the will says — or even whether there was a will at all. Many surviving spouses don't know these rights exist, and as a result they pay debts they were never obligated to pay, miss benefits they were guaranteed by statute, or defer too much to creditors and attorneys who assert claims that aren't as strong as they appear.

Michigan's Estates and Protected Individuals Code (EPIC) builds in a set of financial protections specifically for surviving spouses. Understanding them changes what actions you take in the first days and weeks after your spouse dies.

The Three Statutory Allowances

These are the most powerful protections most Michigan surviving spouses never hear about. Under EPIC, you are entitled to three separate monetary allowances from the estate, and they take priority over virtually every other claim — including unsecured creditors, credit card companies, and medical debt collectors.

1. Homestead Allowance (MCL 700.2402)

The 2026 amount is approximately $30,000 (the base statutory amount is $15,000, multiplied by Michigan's annual COLA factor published by the Department of Treasury).

This allowance is paid to you directly out of the estate before any unsecured creditor sees a dollar. If the estate's total value is less than this amount, you may take the entire estate.

2. Family Allowance (MCL 700.2403)

The 2026 amount is approximately $36,000 (base $18,000, COLA-adjusted).

The family allowance is designed specifically for the ongoing maintenance of the surviving family during estate administration — the period when your finances may be disrupted and the estate is being processed. The personal representative can distribute up to this amount to you without prior court approval.

3. Exempt Property Allowance (MCL 700.2404)

The 2026 amount is approximately $20,000 (base $10,000, COLA-adjusted).

This covers specific categories of property: household furniture, automobiles, furnishings, and personal effects. You may select these items from the estate up to the allowed value.

Combined, these three allowances give you priority access to approximately $86,000 in 2026. They are claimed using SCAO Form PC 582 (Selection of Homestead Allowance and Exempt Property), filed with the probate court.

Before you pay a single unsecured creditor, before you hand over money to anyone who sends a bill in the decedent's name, assert these allowances. They are your money first. See /blog/exempt-property-allowance-michigan for the specific procedure.

The Right to an Elective Share

Michigan also protects surviving spouses through the elective share — the right to claim a percentage of the decedent's estate regardless of what the will directs. This protects against disinheritance.

Under EPIC, the surviving spouse can elect to take a share of the "augmented estate," which includes not just the probate estate but also certain non-probate transfers made during the marriage. The elective share percentage increases with the length of the marriage, ranging from a small percentage for short marriages up to 50% for marriages of 15 or more years.

The election must be made within 63 days after the inventory or amended inventory is filed with the probate court, or within 63 days after the closing statement, whichever is later — but no later than 9 months after the date of death. Missing this deadline permanently forfeits the right.

If your spouse's will leaves you a small bequest or nothing at all, and the estate is significant, the elective share may be worth more than accepting the will's terms. Consult a Michigan probate attorney before the 9-month deadline passes.

Rights in an Intestate Estate (No Will)

If your spouse died without a will (intestate), Michigan's succession laws determine who inherits. Under MCL 700.2102, if your spouse died leaving:

• No surviving descendants and no surviving parents of the decedent: you inherit the entire estate
• Surviving descendants who are all also your descendants: you inherit the entire estate
• Surviving descendants who are not all your descendants (children from a prior relationship): you inherit the first $277,000 (COLA-adjusted for 2026), plus three-quarters of the balance
• No surviving descendants but surviving parent(s) of the decedent: you inherit the first $277,000 (COLA-adjusted), plus three-quarters of the balance

These calculations apply to the probate estate only. Assets passing by beneficiary designation, joint tenancy, or Lady Bird deed go directly to their designated recipients regardless of intestate succession rules.

Rights Regarding Real Property

If your spouse owned real estate in their name alone, what happens to it depends on how the property was held and what estate planning was in place:

• Lady Bird deed with you as remainder beneficiary: property transfers to you automatically on the date of death, bypassing probate
• Joint tenancy with right of survivorship: your spouse's interest transfers to you automatically
• Sole ownership with a will leaving it to you: property passes through probate per the will
• Sole ownership with no will: property passes to you under intestate succession, through probate

In all cases where title passes to you, file the Property Transfer Affidavit (Form 2766) with the local assessor within 45 days of the transfer date to protect against property tax uncapping. See /blog/michigan-property-transfer-affidavit.

The Right to Continue Benefits and Insurance

Beyond estate assets, you have rights in several ongoing benefit systems:

• Health insurance: COBRA continuation rights (up to 36 months for surviving spouses) or Michigan's state continuation coverage if the employer had fewer than 20 employees
• Social Security: survivor benefits based on your late spouse's earnings record — contact the SSA promptly
• Veterans benefits: if your spouse was a veteran, you may be entitled to Dependency and Indemnity Compensation (DIC) and burial allowances
• Workers' compensation: if the death was work-related, you may have death benefit rights under MCL 418.375

What Rights You May Waive and When

Signing anything without understanding it can waive rights. Specifically:

• Paying unsecured debts out of your own funds before asserting the priority allowances effectively subsidizes creditors who should have been paid last or not at all
• Signing a release or waiver presented by a financial institution or insurance company may release more rights than you intend
• Distributing estate assets before formally claiming the spousal allowances may leave you without recourse if the estate is later found insolvent

The statutory allowances, the elective share right, and the intestate succession entitlement all require affirmative action on your part. They don't happen automatically. The Michigan Survivor Benefits Navigator at /us/michigan/survivor-benefits/ provides the complete sequence — which forms to file, in what order, and by what deadlines — to make sure you claim everything you're entitled to.

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