If you die without a Last Will and Testament in Michigan, the State will dictate the distribution of your probate estate. Your estate is referred to as an intestate estate and its distribution is covered in the Michigan Estate Code. Following is a summary of the intestate succession laws in various situations.
Deceased Person is Survived by a Spouse and/or Descendants and/or Parents
Following examples are provided to illustrate how the intestate estate would be distributed if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great -grandchildren, etc.) and/or parents.
- Survived by a spouse and at least one descendant of that spouse and at least one descendant from another relationship: In this case, the spouse will inherit the first $150,000.00 of the probate assets and ½ the balance and the descendants of the deceased person will the inherit the remainder, per stirpes. Per stirpes means that the remainder of the estate would be divided equally by the remaining descendants.
- Survived by a spouse and no descendants of that spouse and at least one descendant from another relationship: in this case, the spouse will inherit the first $100,000.00 of the probate assets and ½ of the balance and the descendants of the deceased person will inherit the remainder, per stirpes.
- Survived by descendants and no spouse: in this case, the deceased person’s descendants will inherit 100% of the probate estate, per stirpes.
- Survived by a spouse and parent(s) but no descendants: In this case the spouse will inherit the first $150,000.00 of the probate assets and ¾ of the balance and the parents will inherit equal shares of the deceased person’s probate estate if both are living, or the surviving parent will inherit 100%.
- Survived by a spouse and no descendants or parents: In this case, the spouse will inherit 100% of the probate estate.
Here is what happens if the deceased person is not survived by a spouse or any descendants (children, grandchildren, great -grandchildren, etc.):
- Survived by siblings or descendants of siblings and no parents: In this case, the deceased person’s siblings and the descendants of deceased siblings (nieces, nephews) will inherit.
Does this seem to be complicated to you? That is because it is. This is the potential “mess” you would be leaving your family to deal with if you die without a Will. It is well worth your time, and yours and your family’s peace of mind to take the time and put your affairs in order. Getting a Last Will and Testament prepared with a knowledgeable is an excellent start. There is no time like the present to put your affairs in order. Take stock of your current situation, project into the future on what you would like to happen as far as getting your last wished memorialized, and get it done.
