As a Troy will lawyer can share, dying without a will is more common than you’d think. When this happens, you haven’t left instructions about who gets your property, who should raise your minor children, or who should manage your estate. Michigan law steps in with a default plan called intestacy. But this one-size-fits-all approach rarely matches what people actually want for their families.
Michigan’s Intestacy Laws Take Over
When someone dies without a will in Michigan, Michigan Compiled Law 700.2101-2114 determines who inherits. The state essentially writes a will for you based on your family structure. Your property gets distributed according to a fixed formula that prioritizes your closest living relatives.
This sounds straightforward until you realize how rigid these rules are. They don’t account for family dynamics, financial needs, or your actual wishes. The law treats all children equally, even if one needs more support than others. It doesn’t recognize unmarried partners. It can’t give sentimental items to specific people who’d cherish them.
How Your Assets Get Divided
The distribution formula depends entirely on which relatives survive you. Michigan’s intestacy statute follows this hierarchy:
If you’re married with children:
- Your spouse receives the first $150,000 plus half of the remaining estate if all children are from your marriage
- Your spouse gets the first $100,000 plus half the balance if you have children from a previous relationship
- Your children split what’s left
If you’re married without children:
- Your spouse inherits everything
If you’re unmarried with children:
- Your children inherit everything in equal shares
- If a child has died but left their own children, those grandchildren take their parent’s share
If you have no spouse or children:
- Your parents inherit if they’re living
- If not, your siblings split everything
- The line continues through more distant relatives like nieces, nephews, grandparents, aunts, and uncles
The state keeps going down the family tree until it finds someone. If absolutely no relatives can be found, your property goes to the state. That’s rare, but it happens.
What You Can’t Control Without a Will
As our Troy will lawyer can explain, intestacy laws only address property distribution. They don’t cover other decisions that matter to families. Without a will, you can’t name a guardian for your minor children. If both parents die, the court decides who raises your kids based on what it thinks is best. Family members might disagree and fight it out in court.
You also lose the ability to choose who manages your estate. The court appoints a personal representative, usually your closest living relative. This person might not be organized, financially savvy, or even willing to do the job. They’ll handle it anyway because the law says so.
The Probate Process Gets More Complicated
Your estate still goes through probate when you die without a will. Actually, it often takes longer and costs more. The court has to verify your family relationships, track down all potential heirs, and make decisions you could have made yourself. This adds time, legal fees, and stress for everyone involved.
Family disputes become more likely, too. When you haven’t stated your wishes clearly, relatives might disagree about what you would have wanted. These conflicts can damage relationships permanently and drain estate resources through legal battles.
Assets That Bypass Intestacy
Some property doesn’t follow intestacy rules regardless of whether you have a will. These include:
- Life insurance with named beneficiaries
- Retirement accounts like 401(k)s and IRAs
- Bank accounts with payable-on-death designations
- Real estate owned jointly with rights of survivorship
- Assets held in a trust
These items pass directly to the named beneficiaries or co-owners. But if you never named beneficiaries or they’ve died, those assets might end up in your intestate estate after all.
Why Most People Need Different Plans
Michigan’s intestacy formula works for some situations. If you’re married, have kids together, and want everything split evenly, intestacy might accomplish that. But most families have more nuanced needs. Maybe you want to leave extra for a child with disabilities. Perhaps you’d rather your spouse inherit everything outright. You might have a blended family where intestacy rules create unintended results.
A will lets you make these choices yourself. You decide who gets what, who raises your children, and who manages everything. You can explain your reasoning and reduce the chance of family fights.
Creating a Plan That Actually Fits Your Family
At Gudeman & Associates, P.C., we help Michigan families create wills that reflect their actual wishes instead of relying on state default rules. We can explain how intestacy would affect your specific situation and draft documents that give you control over what happens to your property and your children. Whether your estate is simple or complicated, we can review your situation and help you make informed decisions about protecting your family’s future. Contact us to discuss your estate planning needs.
