Is There an Order of Inheritance in Michigan Probate?
When a loved one passes away without a valid will, their estate enters probate, a court-supervised process that distributes assets. Michigan law outlines a specific order of inheritance, also known as intestate succession, to determine who is entitled to the deceased’s assets.
The Basics of Intestate Succession in Michigan
If someone dies without a will in Michigan, their estate is distributed according to state laws. This process is known as intestate succession. The Michigan Estates and Protected Individuals Code (EPIC) governs how an estate is divided. Generally, the order of inheritance prioritizes close family members, but exactly who inherits depends on the deceased’s family situation at the time of their death.
The Spouse’s Rights in Michigan
A surviving spouse is often the primary beneficiary under Michigan’s intestacy laws. However, the amount a spouse inherits depends on whether the deceased had children, living parents, or children from a previous relationship:
- If there are no children or surviving parents, the spouse typically inherits the entire estate.
- If there are children of both the decedent and the surviving spouse, the spouse inherits the first $150,000 of the estate, plus half of the remaining assets, while the children inherit the remainder.
- If there are children from a previous relationship, the spouse inherits the first $150,000 plus one-half of the remaining estate, and the children from the prior relationship inherit the rest.
- If there are no children, but surviving parents, the spouse inherits the first $150,000 and three-fourths of the remaining estate, while the parents inherit the remainder.
Children’s Rights in Michigan
If there is no surviving spouse, the decedent’s children inherit the entire estate. Michigan’s intestacy laws treat all biological and adopted children equally. However, stepchildren do not automatically inherit unless they were legally adopted by the deceased.
If the deceased leaves both a spouse and children, the children inherit the portion of the estate not given to the spouse, as outlined above.
Parents and Other Relatives
If the deceased leaves no surviving spouse or children, the estate passes to the parents. If the parents are no longer living, Michigan’s intestate succession continues to more distant relatives, such as siblings, nieces and nephews, grandparents, and cousins.
Discuss Your Situation with a Michigan Estate Planning Attorney
Michigan’s order of inheritance can have significant implications for families, especially those with blended families, unmarried partners, or complex financial situations. At Bingham Legal Group PC, we encourage individuals to create an estate plan to avoid the complications that arise from intestate succession. Having a will or trust in place allows you to determine how your assets will be distributed rather than relying on Michigan’s intestacy laws.
Our attorneys are here to help you protect your family’s future. Whether you need guidance on creating an estate plan or navigating the probate process, we are committed to providing personalized, effective solutions. Serving clients in Oakland County and the greater Detroit metro area, we are ready to assist with all your estate planning and probate needs. Contact us today to get started with a consultation.