Michigan Survivor Benefits: What Families Are Entitled to After a Death
After a death in Michigan, families are often so overwhelmed by logistics that they miss the benefits they're legally entitled to claim. Some of these are federal. Some are specific to Michigan law. Some are tied to the deceased's employment or military service. The window to claim many of them is shorter than most people realize.
This overview covers the primary categories of survivor benefits available in Michigan and the key action steps for each.
Michigan Statutory Estate Allowances
These are among the most overlooked benefits in a Michigan estate — and they're paid out before general creditors, before Medicaid estate recovery claims, and before regular estate distributions. Under Michigan's Estates and Protected Individuals Code (EPIC), the surviving spouse and dependent children are entitled to:
Homestead Allowance: $30,000 Paid to the surviving spouse as an absolute right. If there is no surviving spouse, it's divided equally among dependent or minor children. This allowance is exempt from creditor claims, including the state's Medicaid Estate Recovery Program.
Exempt Property Allowance: $20,000 The surviving spouse (or children if no spouse) may select up to $20,000 worth of household furniture, vehicles, furnishings, appliances, and personal effects from the estate. If the estate doesn't contain that much qualifying property in value, the family can claim the shortfall as a cash payment from the estate.
Family Allowance: Up to $36,000 A reasonable monthly allowance paid to the surviving spouse and minor children for support during the estate administration period. This can be paid as a lump sum or in periodic payments, totaling up to $36,000. Like the other allowances, it takes priority over creditor claims.
Combined, these three allowances total up to $86,000 in protected funds — money that goes to the family before any general creditor sees a dime. Families who don't know these allowances exist often pay creditors first and lose the money they were legally entitled to keep.
These figures are subject to periodic COLA adjustment under EPIC. Verify the current amounts at the time of administration.
Social Security Survivor Benefits
The Social Security Administration provides several categories of survivor benefits:
Lump-Sum Death Payment: $255 A one-time payment available to a surviving spouse living in the same household, or to an eligible dependent child if no qualifying spouse exists. This must be applied for within two years of death.
Monthly Survivor Benefits Ongoing monthly benefits for:
- A surviving spouse age 60 or older (50 if disabled)
- A surviving spouse of any age who is caring for the deceased's child under age 16
- Unmarried children under age 18 (or 19 if still in secondary school)
- Disabled adult children whose disability began before age 22
- Dependent parents age 62 or older
Benefit amounts depend on the deceased's earnings record. A surviving spouse at full retirement age can receive 100% of the deceased's Social Security benefit. Apply through the SSA by calling 1-800-772-1213 or visiting a local SSA office. Benefits are not automatic — application is required.
Michigan Public Employee Pension Survivor Benefits
If the deceased was a Michigan state or local government employee, their pension may include death benefits for surviving family members. The major Michigan public pension systems include:
Michigan Office of Retirement Services (ORS) ORS administers retirement benefits for state employees, public school employees (MPSERS), judges, and legislators. Each system has its own survivor benefit structure. Generally, surviving spouses of members who were actively employed or retired with a joint-and-survivor election may receive ongoing pension payments. Lump-sum death benefits are also available in certain circumstances. Contact ORS directly at michigan.gov/ors.
Michigan Municipal Employees Retirement System (MERS) MERS covers many Michigan local government employees. Survivor benefit elections vary by employer contract and the specific pension option the member selected at retirement. Contact MERS to determine what benefit, if any, applies.
Police and Fire Retirement Systems Many Michigan municipalities maintain separate pension systems for police officers and firefighters. Line-of-duty death survivors may receive enhanced benefits under the Public Safety Officers Benefits Act (PSOBA) at the federal level in addition to any state pension system death benefit.
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Workers' Compensation Death Benefits
If the death was caused by a workplace injury or occupational disease, Michigan workers' compensation law entitles the surviving spouse and dependent children to ongoing weekly payments. Under MCL 418.331, these benefits are a percentage of the deceased worker's average weekly wage at the time of injury, payable for the duration of dependency (or until the surviving spouse remarries, after which a lump sum payment is typically made).
Death benefits must be claimed through the employer's workers' compensation insurance carrier. If the claim is disputed, the Michigan Workers' Compensation Agency handles formal proceedings.
Veterans Benefits
Michigan is home to approximately 600,000 veterans. If the deceased served in the US military:
VA Burial Benefits
- Burial in a Michigan VA national cemetery (free for eligible veterans and spouses)
- Burial allowance up to $948 for service-connected deaths or $300 for non-service-connected deaths when the veteran received VA compensation or pension
- Headstone or grave marker at no cost
Dependency and Indemnity Compensation (DIC) A monthly benefit paid to surviving spouses, children, and in some cases parents of veterans who died from a service-connected condition. The current base DIC rate for a surviving spouse is approximately $1,562/month (2026 figures). Apply using VA Form 21P-534EZ.
Survivors Pension For survivors of wartime veterans with limited income, the VA Survivors Pension provides monthly payments. This is means-tested (income and asset limits apply).
Michigan Veterans Benefits Michigan also provides state-level veterans benefits including a property tax exemption for surviving spouses of veterans who were totally disabled. Contact the Michigan Veterans Affairs Agency at michigan.gov/mvaa.
Life Insurance and Retirement Accounts
Life insurance policies and retirement accounts (IRAs, 401(k)s, 403(b)s) with named beneficiaries bypass probate entirely and pay directly to beneficiaries upon submission of a certified death certificate and the institution's claim form. These are not subject to creditor claims from the estate.
If you cannot locate a life insurance policy, use the NAIC Life Insurance Policy Locator at naic.org. The National Registry of Unclaimed Retirement Benefits at unclaimedretirementbenefits.com can help locate lost 401(k) and pension accounts.
Michigan Crime Victim Compensation
If the death resulted from a violent crime, the Michigan Crime Victim Services Commission provides financial assistance for certain expenses including funeral and burial costs, lost income, and counseling. Applications must be filed within five years of the crime. Contact the Commission at michigan.gov/cvsc.
Coordinating Benefits with Estate Settlement
Survivor benefits and estate settlement are parallel processes, not sequential ones. While you're working on probate or small estate procedures, you should simultaneously be filing Social Security applications, contacting pension administrators, and submitting VA claims. Each has its own timeline — Social Security monthly benefits, for example, have no full retroactive catch-up for missed months.
The Michigan Estate Settlement Guide covers the complete post-death roadmap: the statutory allowances under EPIC, the SCAO forms required for probate, and the full list of agencies to notify and claims to file in the first 30, 60, and 90 days after a Michigan death.
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