700.2101 Intestate estate.
(1) Any part of a decedent's estate not effectively disposed of by will passes
by intestate succession to the decedent's heirs as prescribed in this act,
except as modified by the decedent's will.
(2) A decedent by will may expressly exclude or limit the right of an individual
or class to succeed to property of the decedent that passes by intestate
succession. If that individual or a member of that class survives the decedent,
the share of the decedent's intestate estate to which that individual or class
would have succeeded passes as if that individual or each member of that class
had disclaimed his or her intestate share.
700.2102 Share of spouse.
(1) The intestate share of a decedent's surviving spouse is 1 of the following:
(a) The entire intestate estate if no descendant or parent of the decedent
survives the decedent.
(b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if
all of the decedent's surviving descendants are also descendants of the
surviving spouse and there is no other descendant of the surviving spouse who
survives the decedent.
(c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if
no descendant of the decedent survives the decedent, but a parent of the
decedent survives the decedent.
(d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if
all of the decedent's surviving descendants are also descendants of the
surviving spouse and the surviving spouse has 1 or more surviving descendants
who are not descendants of the decedent.
(e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1
or more, but not all, of the decedent's surviving descendants are not
descendants of the surviving spouse.
(f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if
none of the decedent's surviving descendants are descendants of the surviving
spouse.
(2) Each dollar amount listed in subsection (1)
shall be adjusted as provided in section 1210. (See
the current spouse's share amount here)
700.2103 Share of heirs other than surviving spouse.
Any part of the intestate estate that does not pass to the decedent's surviving
spouse under section 2102, or the entire intestate estate if there is no
surviving spouse, passes in the following order to the following individuals who
survive the decedent:
(a) The decedent's descendants by representation.
(b) If there is no surviving descendant, the decedent's parents equally if both
survive or to the surviving parent.
(c) If there is no surviving descendant or parent, the descendants of the
decedent's parents or of either of them by representation.
(d) If there is no surviving descendant, parent, or descendant of a parent, but
the decedent is survived by 1 or more grandparents or descendants of
grandparents, 1/2 of the estate passes to the decedent's paternal grandparents
equally if both survive, or to the surviving paternal grandparent, or to the
descendants of the decedent's paternal grandparents or either of them if both
are deceased, the descendants taking by representation; and the other 1/2 passes
to the decedent's maternal relatives in the same manner. If there is no
surviving grandparent or descendant of a grandparent on either the paternal or
the maternal side, the entire estate passes to the decedent's relatives on the
other side in the same manner as the 1/2.
700.2105 No taker; effect.
If there is no taker under the provisions of this article, the intestate estate
passes to this state.
700.2106 Representation.
(1) If, under section 2103(a), a decedent's intestate estate or a part of the
estate passes by representation to the decedent's descendants, the estate or
part of the estate is divided into as many equal shares as the total of the
surviving descendants in the generation nearest to the decedent that contains 1
or more surviving descendants and the deceased descendants in the same
generation who left surviving descendants, if any. Each surviving descendant in
the nearest generation is allocated 1 share. The remaining shares, if any, are
combined and then divided in the same manner among the surviving descendants of
the deceased descendants as if the surviving descendants who were allocated a
share and their surviving descendants had predeceased the decedent.
(2) If, under section 2103(c) or (d), a decedent's intestate estate or a part of
the estate passes by representation to the descendants of the decedent's
deceased parents or either of them or to the descendants of the decedent's
deceased paternal or maternal grandparents or either of them, the estate or part
of the estate is divided into as many equal shares as the total of the surviving
descendants in the generation nearest the deceased parents or either of them, or
the deceased grandparents or either of them, that contains 1 or more surviving
descendants and the deceased descendants in the same generation who left
surviving descendants, if any. Each surviving descendant in the nearest
generation is allocated 1 share. The remaining shares, if any, are combined and
then divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and their
surviving descendants had predeceased the decedent.
(3) As used in this section:
(a) “Deceased descendant”, “deceased parent”, or “deceased grandparent” means a
descendant, parent, or grandparent who either predeceased the decedent or is
considered to have predeceased the decedent under section 2104.
(b) “Surviving descendant” means a descendant who neither predeceased the
decedent nor is considered to have predeceased the decedent under section 2104.
700.2107 Relative of half blood.
A relative of the half blood inherits the same share he or she would inherit if
he or she were of the whole blood.
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