What the rule says
Michigan's intestacy statute, Mich. Comp. Laws § 700.2102, is part of Michigan's adoption of the Estates and Protected Individuals Code (EPIC). The statute distributes the estate of a Michigan decedent who dies without a will, with formulas that vary based on family structure:
- Spouse and all descendants are mutual (children of both decedent and surviving spouse), with no decedent children from prior relationship: The surviving spouse takes the first $150,000 (indexed for inflation) plus three-quarters of the balance. The descendants take the remaining one-quarter. - Spouse and at least one descendant from prior relationship of the decedent (not the spouse's child): The surviving spouse takes the first $100,000 (indexed) plus one-half of the balance. The descendants take the other half. - Spouse and at least one descendant from prior relationship of the spouse (not the decedent's child): The surviving spouse takes the first $150,000 (indexed) plus one-half of the balance. The decedent's descendants take the other half. - Spouse but no descendants, with parent surviving: The surviving spouse takes the first $150,000 (indexed) plus three-quarters of the balance. The parent takes the remaining one-quarter. - Spouse but no descendants and no parents: The surviving spouse takes the entire estate. - Descendants but no spouse: The descendants take the entire estate by representation.
The dollar amounts ($150,000 and $100,000) are indexed for inflation under Michigan law.
What this means in practice
Michigan's framework is among the most spouse-favorable in the country when descendants are mutual:
- Surviving spouse and two mutual children, $400,000 estate. Spouse takes $150,000 + 75% of $250,000 = $337,500. Children together take $62,500 ($31,250 each). - Surviving spouse and one mutual child, $300,000 estate. Spouse takes $150,000 + 75% of $150,000 = $262,500. Child takes $37,500.
But Michigan distinguishes carefully between mutual descendants and prior-relationship descendants:
- Surviving spouse and one decedent's child from prior relationship, $400,000 estate. Spouse takes $100,000 + 50% of $300,000 = $250,000. Child takes $150,000. - Surviving spouse and one spouse's child from prior relationship (not decedent's child), $400,000 estate. Spouse takes $150,000 + 50% of $250,000 = $275,000. Decedent's other beneficiaries take $125,000.
The distinction reflects Michigan's policy that descendants from prior relationships of the decedent should receive more direct protection than mutual descendants who will likely benefit through the surviving spouse later.
What you can do about it
A valid Michigan will gives complete control over distribution:
- Michigan will requirements. A will must be in writing, signed by the testator (or by another at the testator's direction and in the testator's presence), and signed by two competent witnesses (Mich. Comp. Laws § 700.2502). Michigan recognizes holographic wills under specific conditions. - Self-proving affidavits are recognized. Adding a self-proving affidavit at execution simplifies probate. - Beneficiary designations override intestacy. Life insurance, retirement accounts, and similar assets pass to named beneficiaries. - Spousal election. Under Mich. Comp. Laws § 700.2202, a surviving spouse can elect against the will. Michigan's elective share gives the surviving spouse a one-half intestate share or a forced election against the will, depending on circumstances.
Who this affects most
The Michigan intestacy formula is most consequential for:
- Married Michigan residents in blended families where the formulas distinguish carefully between mutual and prior-relationship descendants - Surviving spouses where the first-$150,000-plus-fractions formula significantly favors the spouse - Households with modest estates where the dollar floor consumes most of the estate - Estate planners coordinating Michigan-specific family structures with intestate distribution
Michigan's framework is among the most spouse-favorable nationally for mutual-descendants families and among the more carefully calibrated for blended families. A will is the only mechanism to direct a different distribution.