Every Michigan married couple with a will faces the same worst-case question: what happens if we both die at the same time? Michigan's answer is MCL 700.2702, the 120-hour survivorship rule. If a beneficiary does not outlive the decedent by 120 hours (5 days), Michigan law treats them as if they died first. Sounds simple, but the practical consequences for Michigan wills are significant - and most DIY Michigan wills need specific "survivorship" and "ultimate contingent" clauses to handle it well. This guide walks through the rule, real Michigan examples, and exactly what your Michigan will needs to contain. Plain-English, 2026-current, DIY-friendly.
The 30-Second Version
- Michigan MCL 700.2702 requires a beneficiary to survive the decedent by 120 hours (5 days) or be treated as predeceased.
- Michigan MCL 700.2104 applies the same 120-hour rule to intestate succession.
- Michigan MCL 700.6403 applies it to joint tenancies with right of survivorship.
- Married couples should include an explicit survivorship clause plus an ultimate contingent beneficiary.
- Life insurance and ERISA-qualified retirement accounts (401(k), IRA) are usually governed by their own contract, not the 120-hour rule - you must also update those beneficiary forms.
Michigan's 120-Hour Rule (MCL 700.2702)
Michigan enacted the 120-hour survivorship rule as part of its adoption of the Uniform Probate Code. The rule reads (paraphrased):
"An individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is deemed to have predeceased the event."
Where the 120-Hour Rule Applies
- Testate succession (wills) - MCL 700.2702
- Intestate succession (no will) - MCL 700.2104
- Joint tenancy with right of survivorship - MCL 700.6403
- POD/TOD accounts
- Trust distributions unless the trust says otherwise
Where the 120-Hour Rule Does NOT Apply
- Life insurance (governed by policy contract - some policies require 30 days, some none)
- ERISA retirement accounts (governed by federal ERISA and plan documents)
- Documents that explicitly override with different survivorship period
- Cases with clear and convincing evidence of exact order of death
Why This Matters for Michigan Couples
Michigan mirror wills typically leave everything to the surviving spouse. If both spouses die in a common accident:
- Neither is deemed to survive the other for 120 hours
- Each spouse's estate passes to their contingent beneficiaries (usually the kids)
- Each estate goes through probate separately
- If no contingent named, Michigan intestacy takes over
The Problem Without a Survivorship Clause
Imagine Husband dies 30 minutes before Wife in a car crash. Under old (pre-UPC) rules:
- Husband's estate passes to Wife instantly (surviving spouse)
- Wife then dies, passing everything (including inherited assets) to HER family
- Husband's family gets nothing
Under Michigan's 120-hour rule, Wife is deemed to have predeceased. Husband's estate passes to HIS contingent beneficiaries. Wife's estate passes to HER contingent beneficiaries. Assets stay balanced.
Real Example - Michigan Car Accident
Assume a Michigan couple with 2 minor kids from this marriage plus one adult child from Husband's prior marriage. Both spouses have mirror wills leaving everything to the survivor, then to "my children" as ultimate beneficiary.
Scenario: Both Die Simultaneously in Highway Crash
- Neither survives by 120 hours - Michigan MCL 700.2702 treats each as predeceased
- Husband's estate passes to HIS children - the 2 minor kids from this marriage AND the adult child from prior marriage (equal shares under most Michigan wills)
- Wife's estate passes to HER children - the 2 minor kids only
- Ultimately: 2 minor kids receive Husband's 1/3 + Wife's whole = varies based on estate sizes
- Adult child from Husband's prior marriage inherits ONLY from Husband's estate
Same Scenario Without Survivorship Clause
If Husband is confirmed to have survived by 15 minutes:
- Wife's entire estate passes to Husband
- Husband dies - HIS estate now includes Wife's assets
- Everything passes to Husband's 3 kids equally
- Adult child from prior marriage gets 1/3 of both estates combined (potentially more than intended)
This is why blended families particularly benefit from the 120-hour rule - and why explicit will language matters.
Survivorship Clauses Every Michigan Will Needs
Attorney-drafted Michigan wills typically include a survivorship clause that extends beyond the statutory 120 hours - often 30 or 60 days. Reasons:
- Avoids double probate if beneficiary dies during a short survival period
- Provides more certainty for estate administration
- Prevents unintended asset consolidation in dying beneficiary's estate
Sample Survivorship Language
"No person shall be deemed to have survived me unless such person is living on the thirtieth (30th) day after the date of my death. Any beneficiary who fails to survive me by 30 days shall be treated as having predeceased me for all purposes of this Will."
Michigan-Specific Consideration
The federal estate tax marital deduction under IRC 2056(b)(3) allows survivorship clauses up to 6 months. Michigan estate tax was repealed in 2005, so no state-level tax concern - only the federal 6-month cap.
Ultimate Contingent Beneficiaries
What if EVERY named beneficiary predeceases? Michigan wills should always name an "ultimate contingent" beneficiary as a fail-safe.
Common Michigan Ultimate Contingent Choices
- Extended family (siblings, then their descendants)
- Named charities (Michigan-based often preferred)
- State university or hospital
- Church or religious organization
What Happens Without an Ultimate Contingent
Under Michigan MCL 700.2105, if no beneficiary survives, the estate "escheats" to the State of Michigan. Rare but real. Ultimate contingent beneficiary prevents this.
Sample Ultimate Contingent Clause
"If none of the foregoing beneficiaries survive me by 30 days, I direct my Personal Representative to distribute my residuary estate to [named ultimate contingent], to be used for its general purposes."
Life Insurance and Retirement Account Carveouts
Michigan MCL 700.2702 doesn't automatically apply to life insurance or ERISA retirement accounts. Update these SEPARATELY.
Life Insurance Beneficiary Best Practice
- Primary beneficiary: spouse
- Contingent beneficiary: named minor(s) via UTMA custodian OR testamentary trust
- Some insurers accept "per stirpes" designation - preferable for families with kids
- Verify policy contract survivorship period (often 30-90 days)
ERISA Retirement Account Best Practice
- Primary beneficiary: spouse (federal law generally requires spouse consent to name someone else)
- Contingent beneficiary: named kids or trust
- Consider a SECURE Act 2019 impact - most non-spouse beneficiaries must withdraw within 10 years
- See our Michigan 401(k)/IRA beneficiary guide
Common Accident with Minor Kids
If a Michigan couple and one or more minor children all die in the same event, planning must anticipate:
- Adult child (survivor) may inherit disproportionately
- Assets that would have gone to deceased kids revert per your will's contingent provisions
- Charitable/family ultimate contingent becomes critical
- Estate size may spike due to consolidation of multiple wrongful-death recoveries
Michigan Wrongful Death Considerations
Michigan MCL 600.2922 wrongful death recovery passes to the estate. Distribution follows the will's residuary or intestacy rules. A properly drafted Michigan will handles this without conflict.
Frequently Asked Questions
Does Michigan's 120-hour rule apply to my joint bank account?
Yes for JTWROS accounts under MCL 700.6403. Both must survive 120 hours or the deceased-first assumption applies.
Can I override the 120-hour rule in my Michigan will?
Yes - Michigan wills can specify shorter (24 hours) or longer (up to 6 months for federal estate tax purposes) survivorship periods.
What if the exact time of death cannot be determined?
Michigan MCL 700.2702 treats both as having predeceased each other for asset-distribution purposes - each estate passes to its OWN contingent beneficiaries.
Does the 120-hour rule apply to Michigan Lady Bird deeds?
Yes - the remainder beneficiary must survive the grantor by 120 hours, similar to survivorship in other transfer instruments. See our Michigan Lady Bird deed guide.
Do we both need to update our wills if we get remarried?
Yes - Michigan MCL 700.2508 may partially revoke a pre-marriage will as to the new spouse. Redo both wills after remarriage.
What happens to our minor kids if we both die?
The guardian named in each will takes over. If wills name different guardians, Michigan probate court decides. See our Michigan guardian nomination guide.
Does the 120-hour rule apply if we die in different accidents days apart?
Yes if the second death is within 120 hours. If Husband dies Day 1 and Wife dies Day 4 (72 hours later), Wife is treated as having predeceased.
Should our wills name the same primary and contingent beneficiaries?
Often yes for the "primary to each other" clause. But contingent beneficiaries may differ (especially in blended families where each spouse has kids from prior marriages).
What about our house held as tenants by the entirety?
TBE fails when both spouses die within 120 hours. The property passes under each spouse's will 50/50. See our Michigan tenancy by the entirety guide.
Does Michigan's 120-hour rule apply to my life insurance policy?
No - insurance policies control by contract. Read your policy for the survivorship requirement.
Michigan Attorney-Drafted Will with Full Survivorship Language
Every CreateMIWill Will Kit ($89) includes an explicit 30-day survivorship clause, an ultimate contingent beneficiary section, and per stirpes/per capita election - the exact language needed to handle Michigan's 120-hour rule properly. Complete Bundle ($349) also covers Lady Bird deed survivorship and Michigan trust survivorship provisions.
Michigan Wills That Handle the Worst-Case Scenario
Attorney-drafted Michigan will with explicit MCL 700.2702-compliant survivorship clause, ultimate contingent beneficiary, per stirpes/per capita election, and 30-day survival period. Complete Bundle adds Michigan-specific Lady Bird deed and trust survivorship provisions.