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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.
(Click
here for the current amount of the spouse's share)
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.
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(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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