Dying without a will · Michigan
What happens if you die without a will in Michigan
Verified June 7, 2026
Who inherits in Michigan
When someone dies intestate — without a valid will — Michigan law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no descendants, no surviving parents) | Spouse inherits the entire estate. |
| Spouse and surviving parent of the decedent (no descendants) | Spouse receives a set dollar amount (as specified in MCL § 700.2102, adjusted for cost of living) plus three-quarters of the balance; the parent(s) inherit the remainder. |
| Spouse and descendants, all of whom are also the spouse's descendants (and spouse has no other descendants) | Spouse receives a set dollar amount (as specified in MCL § 700.2102, adjusted for cost of living) plus one-half of the balance; descendants share the remainder. |
| Spouse and descendants, some or all of whom are NOT the spouse's descendants | Spouse receives a different (lower) set dollar amount (as specified in MCL § 700.2102, adjusted for cost of living) plus one-half of the balance; descendants share the remainder. |
| Descendants but no spouse | Descendants inherit the entire estate by representation. |
| No spouse or descendants | Estate passes to the decedent's parents equally, or the surviving parent; if none, to siblings and their descendants; then to more remote relatives. |
Michigan is a common-law (equitable distribution) state with no community property. The dollar amounts in MCL § 700.2102 are inflation-adjusted annually under MCL § 700.1210; the base figures in the statute are therefore a starting point — verify the current adjusted amounts from the Michigan Legislature or Probate Court. The specific thresholds differ depending on the parentage relationship between the surviving spouse and the decedent's descendants.
If no heirs of any degree can be located, the estate escheats to the State of Michigan. Assets held in trust, accounts with named beneficiaries, and jointly held property pass outside these rules regardless of the absence of a will.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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