When someone dies without a will in Michigan, they haven't avoided making an estate plan—they've simply accepted the one written by the state legislature. Michigan's intestate succession laws decide who inherits, in what shares, and a probate judge fills in the rest. Here's what those default rules actually do.
Who Inherits Under Michigan Law
Michigan's intestacy statute distributes your probate estate in a fixed order. In broad strokes:
- Married, no children or parents living: your spouse inherits everything.
- Married with children from that marriage: your spouse receives a set first share plus a portion of the balance; your children split the rest.
- Married with children from a prior relationship: your spouse's share shrinks, and your children take a larger portion—an outcome that surprises many blended families.
- Unmarried with children: your children inherit everything, in equal shares.
- No spouse or children: parents, then siblings, then more distant relatives, in a set order.
Notice who is never on that list: unmarried partners, stepchildren you didn't adopt, close friends, and charities. Under intestacy, they receive nothing—no matter how clear your intentions were.
A Judge Chooses Your Children's Guardian
For parents of minor children, this is the most serious consequence. A will is the document where you nominate a guardian. Without one, a probate judge decides who raises your children, choosing among whoever comes forward. Family members may disagree—and the person the court picks may not be the person you would have chosen.
Everything Goes Through Probate
An intestate estate is administered through Michigan probate court: a personal representative is appointed, creditors are notified, an inventory is filed, and distributions wait for the process to run its course—commonly six months to a year. The process is public, and the court's rules—not your wishes—govern each step.
Children Inherit Outright at 18
Under intestacy, a child's inheritance is theirs outright at age 18. There is no mechanism to stage distributions, protect the funds, or guide how the money is used. Most parents, given the choice, would not hand an 18-year-old their full inheritance in one payment—but that's the default.
What Passes Outside These Rules
Intestacy only controls your probate estate. Life insurance, retirement accounts with named beneficiaries, jointly owned property, and assets in a trust pass outside these rules. That's partial protection—but it's also a trap: outdated beneficiary designations (an ex-spouse, a deceased parent) can misdirect the largest assets you own.
The Fix Is Straightforward
Every problem above is solved by a basic estate plan: a will (or will and trust) naming your beneficiaries and your children's guardian, aligned beneficiary designations, and powers of attorney for lifetime protection. It's a few weeks of effort that replaces the state's plan with yours.