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Michigan Intestacy Laws
These are selections from the Michigan intestate succession statutes.  (Chapter 700: Estates and Protected Individuals Code)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


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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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Michigan intestate succession statutes may be found in full by selecting this link.  (Chapter 700: Estates and Protected Individuals Code)


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