Family & Estate · Intestate Succession
Intestate Succession in Michigan
Who inherits, and how much, when a person dies without a will in Michigan, broken down by family situation, cited to the statute.
Who inherits in Michigan, by scenario
The share for the surviving spouse and everyone else, for each common family situation.
| Who survives | Surviving spouse gets | Everyone else gets |
|---|---|---|
| Spouse only, no descendant and no parent | The entire intestate estate. No dollar cut is needed, because there is nothing to split with anyone. | No one else inherits. |
| Spouse and children, all shared with the spouse | The first $150,000 base plus one half of the balance. Michigan does not shrink this share as the number of children grows. | The children divide the other half by representation. The $150,000 is a statutory base that is adjusted for inflation. See the note on the dollar figures. |
| Spouse and parents, no descendants | The first $150,000 base plus three quarters of the balance. This is the only clause in the section that uses three quarters. | The parents take the remaining one quarter equally, or the surviving parent takes it all. |
| Spouse and shared children, but the spouse also has children of their own | The first $150,000 base plus one half of the balance. | The decedent’s descendants take the other half by representation. |
| Blended family, some but not all children are also the spouse’s | The first $150,000 base plus one half of the balance. | The decedent’s descendants take the other half by representation. |
| Stepparent case, none of the children are the spouse’s | The first $100,000 base plus one half of the balance. Note the lower base. | The decedent’s descendants take the other half by representation. |
| Children only, no spouse | Nothing (no spouse). | The decedent’s descendants take the entire estate by representation under MCL 700.2106. |
| No spouse or descendants | Nothing | With no spouse or descendants, MCL 700.2103 passes the estate to the parents, then to the descendants of the parents, then splits between the paternal and maternal grandparents and their descendants. If there is no taker at all, MCL 700.2105 passes the estate to the State of Michigan. |
| How it is administered | Probate | On top of the intestate share, MCL 700.2402 gives the surviving spouse a $15,000 base homestead allowance and MCL 700.2404 gives $10,000 base of exempt personal property, both adjusted for inflation and taken off the top before claims. A valid will overrides these default rules. |
| Statute | Mich. Comp. Laws § 700.2102, § 700.2103, § 700.1210 | The controlling statute. Read the full text through the source link below. |
The dollar amounts in MCL 700.2102 are statutory base figures. MCL 700.2102(2) and MCL 700.1210 require each to be multiplied by the 1997 cost-of-living factor for the year of death and rounded to the nearest $1,000, so the $150,000 and $100,000 have not literally applied to any Michigan death since 2000. The operative figure is materially higher and rises most years. Look up the Department of Treasury factor for the year of death before relying on a number, and treat any site quoting a flat $150,000 as the unadjusted base.
Next steps
Concrete, neutral steps if you are dealing with an estate that has no will in Michigan. This is legal information, not legal advice.
- Identify whose children they are
Michigan does not care how many children there are, it cares whether they are also the surviving spouse’s. Shared children give a $150,000 base, and a stepparent case where none are the spouse’s drops it to $100,000.
- Use the adjusted dollar figure, not the printed one
The $150,000 and $100,000 in the statute are base amounts. Multiply by the Treasury cost-of-living factor for the year of death to get the real first cut, which is higher.
- Add the allowances that come off the top
The spouse also takes a homestead allowance and exempt personal property before the share is computed. Account for both when estimating what each heir receives.
- Get Michigan probate help
The probate court in each county administers intestate estates, and Michigan Legal Help or a probate attorney can confirm the shares and the current dollar figures.
To settle an estate with no will, or to plan your own, start with the probate court or a legal-aid resource. This link explains the process.
→ Michigan Legal HelpThis is general legal information, not legal advice. Adoptions, half-relatives, and a prior will can change who inherits, so confirm your situation before relying on the default shares.
What people get wrong in Michigan
Michigan asks a different question than most states when someone dies without a will. It does not care how many children there are, it cares whose children they are. The whole intestate estate is treated as one pot, with no split between real and personal property. Under MCL 700.2102 the surviving spouse takes a dollar first cut plus a fraction of the balance, and the fraction almost never moves: it is one half in the ordinary case and three quarters only where a parent survives but no descendant does. What moves is the base cut. If all the decedent’s children are also the spouse’s, the base is $150,000. If one or more but not all are the spouse’s, still $150,000. But if none of the children are the spouse’s, the base drops to $100,000. Michigan is the rare state that prices the stepparent relationship directly into the first cut. There is one large caveat that no responsible page can skip: the $150,000 and $100,000 printed in the statute are 2004 base figures. MCL 700.2102(2) and MCL 700.1210 require them to be multiplied by an annual Treasury cost-of-living factor, so they have not literally applied to any Michigan death since the year 2000. Always look up the factor for the year of death, and treat a flat $150,000 as the unadjusted base.
Common questions
Who inherits if you die without a will in Michigan?
The surviving spouse takes a dollar first cut plus a fraction of the balance under MCL 700.2102, and the decedent’s descendants or parents take the rest under MCL 700.2103. With shared children the spouse takes a $150,000 base plus half the balance. With a surviving parent and no children, a $150,000 base plus three quarters. A spouse with no descendant and no parent takes the entire estate.
Does the number of children change the spouse’s share in Michigan?
No. Unlike many states, Michigan does not shrink the spouse’s share as children are added. One child and five children produce the same spousal clause. What changes the share is whether the children are also the surviving spouse’s.
Why is the Michigan $150,000 figure not the real number?
Because MCL 700.2102(2) and MCL 700.1210 require the printed dollar amounts to be multiplied by a cost-of-living factor for the year of death and rounded to the nearest $1,000. The $150,000 and $100,000 are 2004 base figures that have not applied to a death since 2000. The Department of Treasury publishes the factor each year.
What do stepchildren mean for a Michigan intestate estate?
If some of the decedent’s children are also the spouse’s, the base cut is $150,000. If none of them are, the base drops to $100,000 under MCL 700.2102(1)(f), while the fraction stays at one half. Michigan is the rare state that prices the stepparent relationship into the first cut.
What happens if there are no relatives at all in Michigan?
The MCL 700.2103 ladder runs from descendants to parents to the descendants of parents and out to grandparents and their descendants. If there is no taker under the code, MCL 700.2105 passes the estate to the State of Michigan. Writing a will avoids that outcome.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.