Dying without a will in Michigan.

By Moshe B. Newman, Attorney · Published June 2026

If someone dies in Michigan without a valid will, the law — not the family — decides who inherits. This is called dying intestate, and Michigan’s intestate succession rules (part of the Estates and Protected Individuals Code, or EPIC) fill the gap with a fixed formula. Many people are surprised by how that formula actually distributes an estate.

Who inherits when there is no will

The outcome depends on who survives the person who died. In broad strokes, under Michigan’s intestacy rules:

• If there is a surviving spouse and all children are also the spouse’s children, the spouse receives a large statutory share, with the remainder split among descendants.
• If there are children from another relationship, the spouse’s share is reduced and the children take a larger portion.
• If there is no spouse, the estate passes to children, then to parents, then to siblings, and outward along the family tree.
• If no relatives can be found, the estate can ultimately pass to the State of Michigan — a result almost no one intends.

The exact spousal shares are set by statute and adjust over time, so the precise dollar split should be confirmed for the year of death.

What intestacy does not do

Dying without a will means you lose the ability to:

• Name a guardian for minor children — the court decides instead.
• Leave anything to a partner you never married, a friend, or a charity.
• Protect a child with special needs from losing public benefits.
• Keep the process private — intestate estates still go through public probate.

Probate still applies

Intestacy does not avoid probate. If the estate is above Michigan’s small-estate threshold ($53,000 for deaths in 2026, adjusted annually) and includes assets that do not pass automatically, the estate generally goes through probate court — often six months to two years.

The fix is straightforward

A will lets you choose your beneficiaries and a guardian for your children. A revocable living trust goes further, generally keeping your estate out of probate entirely. Either is far better than leaving the outcome to a statute. If you’d like to put a plan in place — or you’re dealing with a loved one who died without one — we can help.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Laws and dollar thresholds change; figures current as of 2026. For advice on your specific situation, schedule a consultation.

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