Dying Without a Will in Michigan: What Actually Happens to Your Stuff (2026)

Roughly two-thirds of Michigan adults do not have a valid will. Most of them assume that if they die, their surviving spouse will automatically get everything. That is wrong. Michigan's intestate succession statute (MCL 700.2101 et seq.) has surprising defaults that split your estate in ways most families would never choose. In blended families, in second marriages, or when parents are still alive, the surviving spouse often shares your estate with people you may not have intended. This guide walks through Michigan intestate succession for every common family situation - who gets what, how much, and why paying $89 for a proper Michigan will is the single most impactful DIY estate planning move you can make.

The 30-Second Answer

1. Michigan intestacy is set by MCL 700.2101-700.2114, not by your wishes.
2. Spouse does NOT get everything in most Michigan cases. Common shares run 50-100% depending on who else is alive.
3. Living parents matter: if you're married with no kids and your parents are alive, your spouse shares the estate with them.
4. Blended families lose most: if you have kids from a prior relationship, your surviving spouse's share drops to $224,000 (2026) plus half the remainder.
5. Michigan does not recognize common-law marriage - unmarried partners inherit NOTHING unless named in a will or POD/TOD account.
6. Stepchildren inherit NOTHING in Michigan unless legally adopted.
7. Cost of a Michigan will: $89 (CreateMIWill Will Kit). Cost of leaving it to intestate defaults: potentially tens or hundreds of thousands to unintended heirs.

The Big Michigan Myth

Ask 100 married Michigan adults: "if you die tomorrow without a will, who gets your stuff?" Most will say "my spouse." In reality:

• Michigan intestacy gives the surviving spouse the WHOLE estate ONLY in one narrow scenario - no living descendants (kids, grandkids), no living parents.
• Every other scenario carves out a share for parents or kids.
• In blended families, the surviving spouse's share can be under 50%.

All the following calculations assume you die a Michigan resident with a Michigan-only probate estate.

Scenario 1: Spouse Is Alive, No Descendants, No Living Parents

Michigan MCL 700.2102(1)(a):

• Surviving spouse gets 100% of the probate estate

This is the ONLY scenario where the spouse takes everything under Michigan intestacy. Requires: no living children (biological or adopted), no living grandchildren, no living parents.

Scenario 2: Spouse + Descendants All Are Yours Together

Michigan MCL 700.2102(1)(b): if you have surviving descendants (children or grandchildren) AND all of them are ALSO descendants of the surviving spouse (i.e., all your kids are also your spouse's kids):

• Surviving spouse gets the first $224,000 (2026 inflation-adjusted from MCL 700.2102), plus half of any remainder
• Your descendants split the other half of any remainder equally per stirpes

Example: You die with a $500,000 probate estate. Spouse and two kids all together (no prior marriages):

• Spouse: $224,000 + ($500,000 - $224,000) / 2 = $224,000 + $138,000 = $362,000 (72%)
• Each kid: $138,000 / 2 = $69,000 (14% each)

Scenario 3: Spouse + Living Parents, No Descendants

Michigan MCL 700.2102(1)(c): if you're married with no kids but at least one of your parents is still alive:

• Surviving spouse gets the first $150,000 (2026 inflation-adjusted from MCL 700.2102) plus 3/4 of any remainder
• Surviving parent(s) get 1/4 of any remainder

Example: You die with a $500,000 probate estate. Spouse alive, both your parents alive, no kids:

• Spouse: $150,000 + ($500,000 - $150,000) × 3/4 = $150,000 + $262,500 = $412,500 (82.5%)
• Parents (split equally): $87,500 (17.5% combined)

Surprise: your $500,000 estate does NOT all go to your spouse.

Scenario 4: Spouse + Kids from a Prior Relationship (The Blended-Family Trap)

Michigan MCL 700.2102(1)(d): if you have descendants but any are NOT also descendants of your surviving spouse (i.e., you have a child from a prior marriage):

• Surviving spouse gets the first $150,000 (2026 inflation-adjusted) plus HALF of any remainder
• Your descendants split the other half equally per stirpes

Example: You die with a $500,000 probate estate. Second spouse (not the mother of your kids). Two kids from your first marriage:

• Spouse: $150,000 + ($500,000 - $150,000) / 2 = $150,000 + $175,000 = $325,000 (65%)
• Each kid: $175,000 / 2 = $87,500 (17.5% each)

This is often what surviving spouses and kids from prior marriages fight over in Michigan probate.

Scenario 5: No Spouse, Have Descendants

Michigan MCL 700.2103(1): if no surviving spouse and you have children or grandchildren:

• Your descendants take 100% per stirpes

Simple case. Two kids? Each gets 50%. Three kids and one predeceased leaving grandkids? Two living kids each get 1/3, and the deceased child's kids share the remaining 1/3.

Scenario 6: No Spouse, No Descendants

Michigan MCL 700.2103(2)-(4) - a cascading priority:

1. Living parents (equally split if both alive)
2. If no parents: descendants of your parents (your siblings, then their descendants per stirpes)
3. If no siblings: grandparents (equally split, half maternal, half paternal)
4. If no grandparents: descendants of grandparents (aunts, uncles, cousins)
5. If NO living relatives: your estate ESCHEATS to the State of Michigan under MCL 700.2105

Yes - your entire Michigan estate can end up with the State of Michigan if you have no living relatives and no will. Even having ONE cousin somewhere prevents escheat.

What Michigan Intestacy Does NOT Cover

Michigan intestate succession applies ONLY to probate assets - property in your sole name at death. It does NOT touch:

• Life insurance with a named beneficiary (see our Michigan life insurance guide)
• 401(k), IRA, pension with named beneficiary (see our Michigan 401(k)/IRA guide)
• Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts
• Joint tenancy or tenancy by the entirety property (goes to co-owner)
• Revocable trust assets (see our Michigan living trust cost guide)
• Michigan Lady Bird deed real estate (see our Lady Bird deed guide)

Practical impact: many Michigan families accidentally have a "half a will" via beneficiary designations. Life insurance and 401(k)s go to named beneficiaries; everything else goes by Michigan intestate default. This produces uncoordinated inheritance distributions.

The Fix Costs $89

A Michigan will lets YOU decide who gets what, in any proportion, subject to spousal elective share (MCL 700.2202 - the one thing you can't override, see our Michigan disinheritance guide).

The Michigan Will Kit ($89) includes:

• Attorney-drafted Michigan will template compliant with MCL 700.2502(1)
• Self-proving affidavit compliant with MCL 700.2504
• Executor nomination
• Guardian nomination for minor children
• Specific bequest section
• Residuary clause
• Optional disinheritance and no-contest clause language
• Two-witness signing instructions

Total time to sign: 15-30 minutes at your kitchen table with two neighbors as witnesses. See our Michigan will witness requirements.

Cost comparison:

Frequently Asked Questions

Does Michigan intestacy apply if I die with a will but the will is invalid?

Yes. Michigan probate courts admit valid wills; invalid documents get ignored and the estate passes by intestacy. This is why proper signing/witnessing matters - see our Michigan will witness requirements guide.

Can Michigan intestacy be overridden by a surviving spouse's decision?

The surviving spouse can DISCLAIM (refuse) their inheritance under MCL 700.2801, but they cannot direct where it goes - it flows to the next Michigan intestate heirs.

What if I have a same-sex spouse in Michigan?

Michigan MCL 700.2101 applies equally to same-sex spouses following Obergefell v. Hodges (2015). No difference in intestate treatment.

What about unmarried partners in Michigan?

Michigan does NOT recognize common-law marriage. Unmarried partners inherit NOTHING under Michigan intestacy. Only a will, trust, or beneficiary designation can leave assets to an unmarried partner.

Do adopted children inherit under Michigan intestacy?

Yes. Michigan MCL 700.2114 treats legally adopted children the same as biological children.

Do stepchildren inherit under Michigan intestacy?

Not unless legally adopted. Michigan gives stepchildren no inheritance rights by default.

What about children born after death but conceived before (frozen embryo children)?

Michigan MCL 700.2114(2) allows posthumous children conceived within 36 months of death to inherit if born within 45 months. Consult a Michigan attorney for anything ART-related.

Does Michigan give a spousal allowance separate from the intestate share?

Yes. In addition to the intestate share, the surviving spouse (and minor/dependent children) receive: homestead allowance ($27,000 in 2026, MCL 700.2402), family allowance during administration (MCL 700.2403), and exempt property ($10,000 in 2026, MCL 700.2404). These come off the top BEFORE the intestate share is calculated.

Do Michigan half-siblings inherit the same as full siblings?

Yes. Michigan MCL 700.2107 treats half-blood relatives the same as full-blood relatives.

What if all named intestate heirs die before me and I have no other relatives?

Michigan MCL 700.2105 provides that the estate escheats to the State of Michigan. Rare but possible.

Can I use Michigan intestacy INSTEAD of a will if I like the default result?

Technically yes - if the default happens to match your wishes, no will is needed. But: (1) your family situation may change, (2) an intestate estate still needs a personal representative (executor equivalent) appointed by Michigan probate court, which is slower and more expensive than admitting a valid will, and (3) you cannot nominate a guardian for minor children without a will.

Where can I find the Michigan intestate succession statute?

Michigan Legislature website hosts EPIC (Estates and Protected Individuals Code) at MCL 700.2101 through 700.2114. Free online.

Does Michigan intestacy control retirement accounts?

Only if there is no named beneficiary AND the account defaults to "estate" as beneficiary. In that case, the retirement funds go through probate and pass under intestate succession. Always name beneficiaries.

Stop Letting Michigan Decide - Michigan Will Kit $89

Every day you do not have a Michigan will, MCL 700.2101 is making inheritance decisions for you. The CreateMIWill Michigan Will Kit ($89) takes 15-30 minutes to sign and puts you back in control. Complete Bundle ($349) adds a revocable trust that skips Michigan probate entirely.