✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Michigan — exactly who inherits under Michigan’s intestate-succession law, and what surprises families most. All shares are from Michigan statute, verified as of June 2026.
In This Michigan Guide:
Who Inherits When There Is No Will in Michigan
Here is exactly how Michigan divides an estate when there is no will:
| If the person leaves… | Who inherits in Michigan |
|---|---|
| Spouse, no children | If the decedent leaves no surviving descendants AND no surviving parent, the surviving spouse inherits the entire intestate estate (MCL 700.2102(1)(a)). If the decedent leaves no surviving descendants BUT a parent survives, the spouse receives the first 301000 (2026 adjusted amount) plus 3/4 of the balance; the surviving parent(s) receive the remainder. |
| Spouse + shared children | If all of the decedent’s surviving descendants are also descendants of the surviving spouse, and the surviving spouse has no other descendants, the spouse receives the first 301000 (2026 adjusted amount) plus 1/2 of the balance of the intestate estate. The children split the remaining 1/2 of the balance by representation. If all descendants are shared BUT the surviving spouse also has 1 or more descendants who are NOT the decedent’s descendants, the spouse still receives the first 301000 plus 1/2 of the balance, and the shared children split the remaining 1/2 of the balance by representation (MCL 700.2102(1)(c) and (d)). |
| Spouse + children from another relationship | If 1 or more but not all of the decedent’s surviving descendants are not descendants of the surviving spouse, the spouse receives the first 301000 (2026 adjusted amount) plus 1/2 of the balance (MCL 700.2102(1)(d)). If NONE of the decedent’s surviving descendants are descendants of the surviving spouse (all are stepchildren to the spouse), the spouse receives the first 201000 (2026 adjusted amount) plus 1/2 of the balance (MCL 700.2102(1)(e)). In both cases the decedent’s children split the remainder by representation. |
| Children, no spouse | The children (descendants) inherit the entire intestate estate, divided by representation under MCL 700.2106 (per capita at each generation). |
| No spouse, no children | Under MCL 700.2103, the estate passes in this order: (1) to the decedent’s parents equally, or to the surviving parent if only one survives; (2) if no parent survives, to descendants of the decedent’s parents (siblings, nieces, nephews) by representation; (3) if none of the above, 1/2 to paternal grandparents (or surviving grandparent, or their descendants by representation) and 1/2 to maternal grandparents (or surviving grandparent, or their descendants by representation). If no grandparent or descendant of a grandparent exists on one side, the entire estate passes to relatives on the other side. Michigan does NOT extend inheritance beyond descendants of grandparents — more remote relatives (great-grandparents, second cousins, etc.) do not inherit. |
| No living relatives (escheat) | Under MCL 700.2105, if there is no taker under the intestate succession provisions, the entire estate passes to the State of Michigan. This occurs only when the decedent has no surviving spouse, descendants, parents, siblings, nieces, nephews, grandparents, aunts, uncles, or first cousins. This is rare because the statute reaches through descendants of grandparents on both sides. |
These shares come from Michigan intestate-succession law (MCL 700.2101 through 700.2114 (Estates and Protected Individuals Code, Act 386 of 1998, Article II, Part 1). Spouse share: MCL 700.2102. Heirs other than spouse: MCL 700.2103. Escheat: MCL 700.2105. Representation: MCL 700.2106. Half blood: MCL 700.2107.).
How Michigan divides shares among descendants: Michigan uses per capita at each generation (also called “representation” under MCL 700.2106), NOT traditional per stirpes. The estate is divided into equal shares at the nearest generation containing at least one surviving descendant. Each surviving descendant in that generation takes one share.
The shares of deceased descendants in that generation are pooled and redistributed equally among their surviving descendants at the next generation, and so on.
Michigan homestead and family allowance: Michigan provides three separate allowances that take priority over most estate claims. (1) Homestead allowance (MCL 700.2402): the surviving spouse receives a base amount of 15000, adjusted annually for inflation under MCL 700.1210 (approximately 25000 in recent years — check the current Treasury-published adjustment factor for the year of death). If no spouse, minor and dependent children split that amount.
(2) Family allowance (MCL 700.2403): the surviving spouse and minor/dependent children may receive a reasonable allowance for maintenance during estate administration, up to a base lump sum of 18000 (adjusted for inflation) or 1/12 of that amount per month for 1 year; the court may approve additional amounts.
(3) Exempt property (MCL 700.2404): the surviving spouse may claim up to a base amount of 15000 (adjusted for inflation) in household furniture, automobiles, furnishings, appliances, and personal effects; if no spouse, minor/dependent children may claim these. All three allowances are exempt from and have priority over all claims except administration costs and reasonable funeral/burial expenses.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
Half-blood relatives in Michigan: Under MCL 700.2107, a relative of the half blood inherits the same share as a relative of the whole blood. There is no reduction or discount for half-blood relationships.
Assets That Pass Outside Michigan Intestate Rules
Michigan intestate succession rules apply only to the probate estate. Assets that pass outside probate are NOT governed by these rules.
These include: life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with a named beneficiary, payable-on-death (POD) bank accounts, transfer-on-death (TOD) investment accounts, property held in joint tenancy with right of survivorship, property held as tenants by the entirety (between spouses), and assets held in a living trust. These assets pass directly to the named beneficiary or surviving co-owner regardless of intestacy law.
Other Michigan intestacy rules: (1) Michigan’s dollar thresholds for the spouse’s intestate share are adjusted annually for inflation under MCL 700.1210 — the Michigan Department of Treasury publishes the cost-of-living adjustment factor each year, so the exact amounts change; the 301000 and 201000 figures cited here are the 2026 adjusted amounts. (2) A surviving spouse must survive the decedent by 120 hours (5 days) to inherit under intestacy (MCL 700.2104).
(3) Michigan’s inheritance line stops at descendants of grandparents — relatives more remote than first cousins do not inherit, and the estate escheats to the state instead. (4) Michigan is NOT a community property state; it follows separate property (common law) rules, so only the decedent’s individually owned property passes through intestate succession. (5) An individual who feloniously and intentionally kills the decedent is barred from inheriting (MCL 700.2803).
What Dying Without a Will in Michigan Really Means
When someone dies without a will in Michigan, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Michigan divides an estate when someone is dying without a will in Michigan, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Michigan helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Michigan depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Michigan, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Official Michigan Sources & Resources
- Michigan Court Self-Help: https://www.courts.michigan.gov/SCAO-forms/probate-court-forms/
- Michigan Intestate Succession Statute: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2102
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Michigan intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Michigan Wills & Probate Guides
- Michigan Wills & Estate Planning
- Michigan Probate Process
- Michigan Estate & Inheritance Tax
- Michigan Small Estate Affidavit
- Michigan Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.