Affidavit of Heirship in Michigan
Whether Michigan lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of… MCL 565.451a
| Affidavit / determination of heirship | Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of people named in deeds, wills and other instruments. An affidavit records facts; it does not by itself transfer title or replace a probate court determination of heirs. Source: MCL 565.451a |
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| Who inherits without a will | Spouse: takes everything if the decedent left no descendants and no parents. If the decedent's descendants are all also the spouse's, or if some of the decedent's descendants are not the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If no descendants survive but a parent does, the spouse takes the first $150,000 plus three-quarters of the rest. If none of the decedent's descendants are the spouse's, the spouse takes the first $100,000 plus one-half of the rest. Whatever does not pass to the spouse goes to descendants by representation; if none, to parents; if none, to descendants of the parents (brothers, sisters, nieces, nephews); if none, half to the paternal and half to the maternal grandparents or their descendants. The dollar amounts in the statute are base figures adjusted each year for inflation under MCL 700.1210, so the amount for a given year of death is higher than the printed figure. Source: MCL 700.2102, 700.2103 |
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FAQ
Does Michigan have an affidavit of heirship?
Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of people named in deeds, wills and other instruments.
Who inherits if someone dies without a will in Michigan?
Spouse: takes everything if the decedent left no descendants and no parents. If the decedent's descendants are all also the spouse's, or if some of the decedent's descendants are not the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If no descendants survive but a parent does, the spouse takes the first $150,000 plus three-quarters of the rest. If none of the decedent's descendants are the spouse's, the spouse takes the first $100,000 plus one-half of the rest. Whatever does not pass to the spouse goes to descendants by representation; if none, to parents; if none, to descendants of the parents (brothers, sisters, nieces, nephews); if none, half to the paternal and half to the maternal grandparents or their descendants.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.