Want to decide who inherits instead of the state? A free role check shows you where you stand.
Start the free role checkWhat “intestate” means
Dying “intestate” means dying without a valid will. Michigan's intestacy statutes (MCL 700.2102, MCL 700.2103) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among relatives per capita at each generation (MCL 700.2106), and the dollar amounts in a spouse's share are adjusted each year for the cost of living (MCL 700.1210). Assets that pass outside probate (a funded Trust, beneficiary designations, jointly held property) follow their own rules, not intestacy.
Who inherits under Michigan law
- Spouse, no descendants — the surviving spouse inherits everything if no parent of the decedent survives; if a parent survives, the spouse takes the first $150,000, adjusted for the year of death ($301,000 in 2026), and three-fourths of the rest (MCL 700.2102).
- Spouse and shared descendants only — if every surviving descendant of the decedent is also the surviving spouse's, the spouse takes the first $150,000, adjusted for the year of death, and one-half of the rest, whether or not the spouse has other descendants; the decedent's descendants share the balance (MCL 700.2102).
- Blended family — if some of the decedent's surviving descendants are not also the surviving spouse's, the spouse takes the first $150,000 and one-half of the rest; if none of them is, the first $100,000 and one-half of the rest — each amount adjusted for the year of death — and the decedent's descendants share the balance (MCL 700.2102).
- No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (MCL 700.2103).
The spouse's share and minor children
In Michigan, when there is no will, a surviving spouse takes the whole estate only if no descendant or parent of the decedent survives; otherwise the spouse takes a first amount — $150,000, or $100,000 where none of the decedent's descendants is also the spouse's, each adjusted for the year of death — plus one-half or three-quarters of the rest (MCL 700.2102). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.
Does the state take everything?
Almost never. Property only “escheats” to the State of Michigan as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.
Take back the decision
Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Michigan attorney can help you put a plan in place.
General information about Michigan law, not legal advice.
Frequently asked questions
- Who inherits in Michigan without a will?
- The surviving spouse takes the share MCL 700.2102 sets; the rest passes to the decedent's descendants by representation, then the parents, then the parents' descendants, and further as MCL 700.2103 provides, divided per capita at each generation (MCL 700.2106).
- How much does a Michigan surviving spouse inherit without a will?
- The whole estate where no descendant or parent of the decedent survives; otherwise a first amount — $150,000, or $100,000 where none of the decedent's descendants is the spouse's, adjusted for the year of death ($301,000 and $201,000 for 2026) — plus one-half or three-quarters of the balance as MCL 700.2102 provides.
General information about Michigan law, not legal advice.