Who Inherits If You Die 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.

If there is a will, the surviving spouse may elect to accept the will or to take one-half of what the spouse would have received with no will, reduced by one-half of property the spouse received from the decedent outside the will and intestacy (such as joint property, insurance and certain transfers within two years of death). Dower is available only to a widow whose spouse died before dower was abolished. The election must be made within 63 days after the later of the deadline for creditor claims or service of the inventory on the spouse, and only during the spouse's lifetime.

If the estate contains no real property and its value, minus liens and encumbrances, does not exceed $50,000 (adjusted each year for inflation), a successor may collect the decedent's money, tangible personal property, debts owed, and securities by giving the holder a sworn statement and a copy of the death certificate. At least 28 days must have passed since death, and no personal representative may have been appointed or applied for in any jurisdiction. The court's form is PC 598.