When someone dies without a will in Michigan, their estate is distributed according to the laws of intestate succession to the decedent’s heirs as prescribed in the Estates and Protected Individuals Code (EPIC) § 700.2101.
The process begins with the decedent’s property devolving to their heirs, subject to homestead allowance, family allowance, exempt property, rights of creditors, the surviving spouse’s elective share, and administration .
A formal proceeding can be initiated to determine intestacy and heirs without the appointment of a personal representative by filing a petition and a special form to identify heirs. The court will then enter an order determining the date of death, the domicile of the decedent at the time of death, whether the decedent died intestate, and the names of the heirs.
The order of distribution under intestate succession is as follows: first, the estate passes to the decedent’s descendants; if there are no descendants, it passes to the decedent’s surviving parent or parents; if there are no surviving parents, it passes to the descendants of the decedent’s parents, including siblings, nieces, and nephews.
Additionally, the surviving spouse has specific rights. For instance, the surviving spouse may take a share of the decedent’s property even if the decedent dies intestate. The specific share of the intestate estate that the surviving spouse is entitled to depends on various factors, such as whether the decedent has surviving descendants or parents.
If the decedent has no known heirs, the estate may escheat to the state. The attorney general, representing the state, has the rights of any heir to contest the validity of any claim or instrument purporting to be a will of the decedent.
Please feel free to contact us if you have any questions about this or any other important legal issues/inquiries.
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