Dying without a will in Michigan means your estate will be distributed according to the state’s intestate succession laws. These laws may not align with your personal wishes, potentially leading to unintended consequences for your loved ones.
Here’s how intestate succession works in Michigan, as well as why it’s important to have a proper estate plan in place.
What if You Die Without a Will in Michigan?
Intestate succession refers to the legal process that determines how a deceased person’s assets are distributed when they die without a valid will. In Michigan, this process is governed by the Estates and Protected Individuals Code (EPIC).
Assets Subject to Intestate Succession
Not all assets are subject to intestate succession. Only assets that would have passed through your will are affected. These typically include:
- Real estate owned solely in your name
- Personal property
- Bank accounts without designated beneficiaries
- Investments without transfer-on-death designations
Assets that bypass the probate process and are not affected by intestate succession include property held in a living trust, life insurance proceeds with named beneficiaries, retirement accounts with designated beneficiaries, and payable-on-death (POD) bank accounts.
Who Inherits Under Michigan’s Intestate Laws?
Michigan law outlines a specific order of inheritance when someone dies without a will. The distribution depends on the surviving relatives of the deceased.
Surviving Spouse
The share of the surviving spouse varies based on the presence of other relatives:
- If there are no surviving descendants or parents, the spouse inherits the entire estate.
- In 2025, if there are surviving descendants who are also descendants of the spouse, the spouse receives the first $293,000 plus half of the remaining estate.
- In 2025, if there are surviving descendants who are not descendants of the spouse, the spouse receives the first $195,000 plus half of the remaining estate.
- In 2025, if there are no descendants but a surviving parent, the spouse receives the first $293,000 plus three-quarters of the remaining estate.
Other Heirs
If there is no surviving spouse, or after the spouse’s share is distributed, the remaining estate passes to:
- Descendants (children, grandchildren).
- If no descendants, then to the decedent’s parents.
- If no parents, then to the descendants of the decedent’s parents (siblings, nieces, nephews).
- If none of the above, then to the decedent’s grandparents or their descendants (aunts, uncles, cousins).
- If no relatives can be found, the estate escheats to the state of Michigan.
Who Handles Your Funeral and Estate If You Die Without a Will?
If you die without a will in Michigan, the decisions about your funeral and who manages your estate are made according to state law, not your personal preferences.
First, Michigan law gives priority to certain people when it comes to making funeral and burial decisions. Typically, your surviving spouse has the first right, followed by adult children, parents, and then other relatives in order of closeness. Without written instructions in a will or a separate funeral representative designation, you may leave loved ones uncertain—or worse, in conflict—about your final wishes.
When it comes to administering your estate, the probate court will appoint a personal representative (also known as an executor). If you haven’t named one in a will, the court typically selects someone from a priority list set by Michigan law.
Potential Problems of Dying Intestate
Dying without a will in Michigan can create serious problems for your loved ones. Assets may go to relatives you didn’t intend to benefit, while close friends, partners, or charities could be left out entirely. Since the state follows a strict order of succession, there’s no flexibility to honor personal relationships or preferences.
Family disputes are also more likely without a clear plan. Disagreements over inheritance can lead to conflict and expensive, time-consuming court proceedings. The probate process may be slower and more costly when there’s no will to guide asset distribution.
If you have minor children, the court will appoint a guardian without input from you, which may not reflect your wishes. These risks highlight the importance of having a legally sound estate plan in place.
Why Is it Important to Have a Will?
Creating an estate plan ensures that your assets are distributed according to your wishes and can provide peace of mind for you and your loved ones. Some of the benefits include:
- Control Over Asset Distribution: Specify who inherits your assets and in what proportions.
- Appointment of Guardians: Designate trusted individuals to care for minor children.
- Minimize Probate Delays: Proper planning can streamline or avoid the probate process.
- Protect Vulnerable Beneficiaries: Establish trusts or provisions for minors, special needs dependents, or financially inexperienced heirs.
- Include Non-Family Beneficiaries: Provide for friends, charities, or other entities not recognized under intestate laws.
How a Michigan Estate Planning Lawyer Can Help
An estate planning lawyer helps ensure your assets are distributed according to your wishes and in compliance with Michigan law. They can create customized wills, trusts, and other documents tailored to your family’s needs, including situations involving second marriages, young children, or special needs dependents.
A lawyer can also recommend strategies to avoid probate, such as living trusts, joint ownership, and proper beneficiary designations. These tools help reduce delays and legal costs for your heirs.
Perhaps most importantly, an attorney gives you peace of mind. With professional guidance, your estate plan can be updated as your life changes—ensuring your loved ones are protected and your wishes honored.
Ready to Create a Will? Legacy Counsel PLC Can Help
Dying without a will in Michigan means the state decides how your assets are distributed, which may not reflect your personal wishes. Creating an estate plan ensures that your assets go to the people and causes you care about, reduces potential conflicts among heirs, and provides clarity during a difficult time.
Consult with a knowledgeable estate planning attorney or call (269) 932-4017 today for help developing a plan that meets your needs and protects your loved ones.
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