Who Inherits If There Is No Will in Michigan

Who inherits with no will in michigan is a question many families ask at a hard time. Maybe a parent just passed away. Maybe you are planning ahead and wondering what happens if you never write a will. Either way, Michigan has a clear answer. When someone dies without a will, they die “intestate.” That simply means state law decides who gets their property. In Michigan, those rules are in the Estates and Protected Individuals Code, often called EPIC. This guide walks through who comes first, the exact 2026 dollar amounts, and calm next steps you can take.

Who Inherits With No Will in Michigan: The Basic Order

Michigan follows a set order of relatives. The closest family members inherit first. A spouse and children typically come before parents, and parents come before brothers and sisters. The rules for a spouse are in MCL 700.2102. The rules for everyone else are in MCL 700.2103.

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If there is no surviving spouse, the whole estate goes down this list. The first group with a living member takes everything:

  • Children and other descendants (like grandchildren), “by representation”
  • Parents, equally, or the one surviving parent
  • Brothers, sisters, and their descendants (nieces and nephews)
  • Grandparents and their descendants, split half to the father’s side and half to the mother’s side

“By representation” means a family branch keeps its share. For example, if one of three children died earlier, that child’s kids split their parent’s one-third. As a result, no branch of the family gets left out.

It also matters that the heir outlives the person who died. Michigan generally requires an heir to survive by 120 hours, or five days. This rule is in MCL 700.2104.

Exact 2026 Shares for a Surviving Spouse

The spouse’s share depends on who else survives. Michigan’s law sets base amounts of $150,000 and $100,000. However, those numbers rise each year with the cost of living. The Michigan Department of Treasury publishes the new figures. For deaths in 2026, the adjusted amounts are $301,000 and $201,000.

Who survives the person who died Spouse receives (2026 deaths) Everyone else
Spouse only, no children or parents 100% of the estate Nothing
Spouse and a parent, no children First $301,000 plus 3/4 of the rest Parents share 1/4 of the rest
Spouse and children who are all shared, and spouse has no other children First $301,000 plus 1/2 of the rest Children share 1/2 of the rest
Spouse and shared children, but spouse also has children from another relationship First $301,000 plus 1/2 of the rest Children share 1/2 of the rest
Spouse and at least one child who is not the spouse’s child First $201,000 plus 1/2 of the rest Children share 1/2 of the rest

Here is an example. A Michigan man dies in 2026 with a $500,000 estate. He leaves a wife and two children they had together. His wife gets the first $301,000. That leaves $199,000. She gets half, or $99,500. As a result, she receives $400,500. The two children split $99,500.

These amounts only apply to “intestate property.” That means property that passes through probate without a will. In most cases, life insurance, retirement accounts with a named beneficiary, and jointly owned homes pass outside these rules.

Special Situations Families Often Ask About

So, who inherits with no will in michigan when the family is not simple? A few rules help. Adopted children generally inherit just like biological children, under MCL 700.2114. Half-brothers and half-sisters typically inherit the same as full siblings, under MCL 700.2107.

Stepchildren are different. In most cases, a stepchild does not inherit under the basic order. Unmarried partners also do not inherit, no matter how long the couple was together. If no qualifying relative can be found at all, the estate generally passes to the State of Michigan. This is covered by MCL 700.2105.

Michigan also has no state estate tax and no state inheritance tax right now. Most families will not owe federal estate tax either. The federal exemption is $15 million per person for 2026.

What to Do Next if a Loved One Died Without a Will

First, take a breath. You do not need to solve everything this week. Start by gathering papers. Look for bank statements, deeds, car titles, and account records. Also check whether any accounts name a beneficiary.

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Next, figure out the estate’s size. Michigan has a simpler path for small estates. For deaths in 2026, the small estate limit is $53,000, according to Kent County Probate Court. If there is no real estate, heirs may use an affidavit after 28 days have passed. This process is in MCL 700.3983. If the estate includes real estate, you may be able to file a Petition for Assignment (form PC 556) with the probate court instead.

For larger estates, someone must open probate in the county where the person lived. The court appoints a “personal representative.” This is the person who manages the estate, much like an executor named in a will. A spouse or close heir typically gets priority for this role. Michigan Legal Help offers free guides and forms. For complex situations, check with your county probate court or a licensed Michigan attorney.

If you are planning ahead, knowing who inherits with no will in michigan can guide your choices. If the default order matches your wishes, that may feel reassuring. If it does not, a simple will lets you decide for yourself.

Frequently Asked Questions

Does my spouse get everything if I die without a will in Michigan?

Only in some cases. Your spouse typically gets everything if you leave no children and no living parents. However, if you have children or a parent, your spouse shares the estate using the amounts in the table above.

Who inherits with no will in michigan if there is no spouse or children?

Your parents come next. If they have passed, your brothers and sisters inherit, along with the children of any sibling who died earlier. After that, the estate goes to grandparents and their families.

Do stepchildren inherit in Michigan without a will?

Typically, no. A stepchild who was never legally adopted does not inherit under the standard order. However, a child you legally adopted inherits just like a biological child.

Sources & How to Verify

This guide is built from official sources. Always confirm the exact figure for your state:

  • IRS — Estate & Gift Tax: irs.gov
  • USA.gov — What to do when someone dies: usa.gov/death
  • Uniform Law Commission (probate): uniformlaws.org
  • Cornell Legal Information Institute: law.cornell.edu
  • Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.

Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.

Related Guides

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.