When someone dies in Michigan without a valid will, the Estates and Protected Individuals Code (EPIC) decides who inherits. Michigan intestate succession follows a fixed order that starts with the surviving spouse, then moves to descendants, parents, siblings, and more distant relatives, with specific dollar shares written into the statute. The exact amount any one heir receives depends on which family members are still living when the decedent dies.
What Property Actually Passes by Intestate Rules
EPIC only controls the probate estate. That means assets held solely in the decedent’s name with no beneficiary designation: real estate titled to the decedent alone, personal belongings, individual bank accounts without a payable-on-death instruction.
Anything with a built-in transfer mechanism skips this process entirely. Life insurance proceeds go to the named beneficiary. IRAs and 401(k) accounts pass to whoever is listed on the account. Bank accounts with payable-on-death or transfer-on-death designations go to the named recipient. Real estate held in joint tenancy with rights of survivorship transfers automatically to the surviving co-owner. Only what is left after these non-probate assets are pulled out enters the intestate pipeline.
Allowances That Come Off the Top First
Before EPIC’s distribution formulas apply at all, Michigan law gives the surviving spouse and any minor children several protected allowances. These come out of the estate first, and they are separate from (and in addition to) the spouse’s intestate share.
The homestead allowance is a flat $15,000 payment to the surviving spouse. If no spouse survives, that same total is split equally among each minor child and each dependent child.1Michigan Legislature. Michigan Compiled Laws 700.2402 – Homestead Allowance The exempt property allowance lets the surviving spouse claim household furniture, automobiles, furnishings, appliances, and personal effects up to a baseline value of $10,000. The family allowance provides a reasonable amount for maintenance during the period of estate administration, covering living expenses while probate plays out.
These are baseline figures written into the statute and adjust annually for cost of living, so the numbers a court applies today are somewhat higher. All three allowances take priority over creditor claims and over the intestate distribution shares below.
The Surviving Spouse’s Share
After the allowances are satisfied, the surviving spouse receives a statutory share of the remaining intestate estate. The portion depends on which other relatives are still alive.2Michigan Legislature. Michigan Compiled Laws 700.2102 – Share of Spouse
- No surviving descendants or parents: the spouse inherits the entire intestate estate.
- A surviving parent but no descendants: the spouse receives the first $150,000, plus three-quarters of any balance.
- All of the decedent’s descendants are also descendants of the surviving spouse, and the spouse has no other descendants: the spouse receives the first $150,000, plus one-half of any balance.
- None of the decedent’s surviving descendants are descendants of the surviving spouse: the spouse receives the first $100,000, plus one-half of any balance.
The statute also addresses mixed situations where some descendants are shared with the surviving spouse and some are not. The lower $100,000 initial share when children come from outside the marriage reflects an effort to preserve a meaningful inheritance for those children while still giving the spouse a substantial portion. All dollar thresholds are baseline amounts subject to annual cost-of-living adjustment.
Who Inherits When There Is No Spouse
Whatever portion does not pass to a surviving spouse, or the entire estate if no spouse survives, flows through a fixed priority list.3Michigan Legislature. Michigan Compiled Laws 700.2103 – Share of Heirs Other Than Surviving Spouse
- Descendants first. Children and their own descendants take priority over every other category.
- Parents next. If no descendants survive, the estate passes to the decedent’s parents in equal shares.
- Siblings and their descendants. If both parents are gone, siblings inherit, with nieces and nephews stepping in for any deceased sibling.
- Grandparents and their descendants. If no closer relatives exist, the search extends to grandparents and then to aunts, uncles, and cousins.
The court works down this list in order and stops at the first level where a living heir exists. Only if no relatives can be found at any level does the property escheat to the State of Michigan.
How Descendants Divide Their Share
When descendants inherit, Michigan does not simply split the estate equally among every living descendant regardless of generation. The estate is divided at the generation nearest to the decedent that has at least one living member. Each surviving person in that generation gets one equal share. The shares that would have gone to deceased members of that generation are pooled and redistributed the same way among their own surviving descendants.4Michigan Legislature. Michigan Compiled Laws 700.2106 – Representation
This method is sometimes called “per capita at each generation.” It is not the same as traditional per stirpes, though the terms get used interchangeably in casual conversation. Under traditional per stirpes, each branch of the family tree gets an equal share at the first generation below the decedent regardless of who is alive in it. Michigan’s approach treats descendants within the same generation equally, which produces different results when multiple branches have deceased members. The practical difference shows up most clearly in families where several children have died and left their own children behind.
Who Counts as an Heir
The 120-Hour Survival Rule
A person must outlive the decedent by at least 120 hours, or five days, to inherit. Anyone who dies within that window is treated as having predeceased the decedent, and their share passes to the next person in line. Where there is no clear and convincing evidence that the heir survived the full 120 hours, the presumption is that they did not.5Michigan Legislature. Michigan Compiled Laws 700.2104 – Requirement That Heir Survive Decedent for 120 Hours The rule prevents the same assets from being probated through two estates in rapid succession.
Children Conceived Before Death
A child conceived before the decedent’s death but born afterward is treated as having been alive at the time of death, as long as the child survives at least 120 hours after birth.6Michigan Legislature. Michigan Compiled Laws 700.2108 – Afterborn Heirs A posthumous child has the same rights as a sibling born during the parent’s lifetime.
Heirs Barred From Inheriting
Michigan’s slayer statute (MCL 700.2803) disqualifies a person who feloniously and intentionally killed the decedent. A criminal conviction for the killing conclusively establishes the disqualification, but even without a conviction, a civil court can independently find by a preponderance of the evidence that the person was responsible. Michigan has extended this rule to cover elder abuse, neglect, and exploitation, though a felony-level conviction is required to trigger disinheritance in those cases. A misdemeanor abuse conviction alone is not enough.
Debts Get Paid Before Heirs Do
Heirs do not receive anything until the estate’s legitimate debts are paid. The personal representative satisfies obligations in a priority order set by Michigan law. Funeral and burial expenses, court filing fees, and costs of administering the estate rank ahead of most other debts. Taxes owed by the decedent and medical expenses from the final illness take priority over unsecured debts like credit cards.
If the estate does not have enough assets to cover all debts, heirs receive nothing from the intestate share. Creditors get paid in their statutory order until the money runs out. The homestead, exempt property, and family allowances still come off the top and reach the surviving spouse and minor children even in a tight estate. Non-probate assets like life insurance and retirement accounts with named beneficiaries are generally not available to satisfy the decedent’s debts.
When a Small Estate Skips Full Probate
Not every intestate estate requires a formal probate case. When the total value of probate assets falls below the statutory threshold, heirs may collect property using a small estate affidavit instead of opening a court proceeding. The process involves preparing a sworn statement, having it notarized, and presenting it to whoever holds the asset along with a certified copy of the death certificate.
There is typically a waiting period after the date of death before the affidavit can be used, and it generally does not cover real estate. For estates above the affidavit threshold but still modest, Michigan offers a simplified probate administration with less court oversight than a formal proceeding. A straightforward estate with no disputes among heirs is worth asking the county probate court about before assuming a full case is necessary.