You have an estate plan. You just didn’t write it. If you die without a will in Michigan, the state has already decided who gets your house, your money, your grandmother’s ring, and everything else you own. It’s called intestate succession—a formula that doesn’t know your family, doesn’t care about your wishes, and uses a distribution method most people wouldn’t choose if they understood it.
At Boroja, Bernier & Associates, we help families navigate the rigid reality of intestate estates—and we help living clients avoid this situation entirely.
You have an estate plan. You just didn’t write it. If you die without a will in Michigan, the state has already decided who gets your house, your money, your grandmother’s ring, and everything else you own. It’s called intestate succession—a formula that doesn’t know your family, doesn’t care about your wishes, and uses a distribution method most people wouldn’t choose if they understood it.
At Boroja, Bernier & Associates, we help families navigate the rigid reality of intestate estates—and we help living clients avoid this situation entirely.
Michigan Has a Default Plan. You Probably Won’t Like It.
Here’s the uncomfortable truth: roughly 60% of American adults don’t have a will. Many assume their spouse gets everything. Or their kids split it equally. Or it’ll “just work out.”
It won’t.
Under MCL 700.2101 through 700.2114, Michigan’s Estates and Protected Individuals Code (EPIC)—effective since April 2000—establishes exactly who inherits when someone dies without a valid will. This isn’t a suggestion or a starting point for negotiation. It’s a statutory formula applied with mathematical precision, regardless of what the deceased would have wanted.
Your spouse might not get everything—even if you’ve been married for 40 years. Your children might inherit less than you’d expect because the law uses a distribution method that dilutes shares in ways most people find unfair. Your live-in partner of 15 years? They get nothing. Your estranged sibling you haven’t seen in decades? They might inherit before your closest friends.
And if you have minor children? The complications multiply exponentially—in ways that could prevent your family from accessing the very money you saved to protect them.
The law doesn’t know your story. It only knows the formula.
Quotable Expert Statement: “People assume dying without a will means their family figures it out. What it actually means is the Michigan Legislature figured it out—in a statute that uses a distribution method most families would never choose. A formula written by people who never met you, never knew your family dynamics, and never considered that you’d want your fishing buddy to have your boat instead of your brother who’s never been on a lake.”
The Intestate Hierarchy: Who Gets What Under Michigan Law
Michigan’s intestate succession follows a rigid priority system under MCL 700.2102. Understanding it requires knowing exactly where you fall in the statutory hierarchy—and these outcomes surprise almost everyone.
Important Note: The dollar amounts below represent baseline figures. Michigan adjusts these amounts annually for cost of living, so the actual thresholds increase each year. We’ll use current baseline figures for illustration, but verify current amounts when planning.
When There’s a Surviving Spouse:
This is where most people’s assumptions fall apart. Your spouse doesn’t automatically inherit everything. The share depends on whether there are surviving descendants, surviving parents, and whose descendants they are.
Scenario 1: Spouse Only—No Descendants, No Surviving Parents
The surviving spouse inherits the entire estate. But this is rare. It requires that you have no children, no grandchildren, AND neither of your parents is still living.
Scenario 2: Spouse + Descendants (All of Whom Are Also the Spouse’s Descendants)
If all of your descendants are also your spouse’s descendants—meaning your children together, no children from prior relationships on your side—the surviving spouse receives the first $150,000 plus one-half of any balance. Your descendants split the remaining half.
Here’s the part most people miss: this formula applies even if your spouse has other children from a prior relationship. Your spouse still gets $150,000 plus half. But once your spouse eventually dies, their estate—including what they inherited from you—gets divided among all their children, including the ones who aren’t yours.
The Dilution Problem:
You die with a $500,000 estate. Your spouse receives $150,000 plus $175,000 (half of the remaining $350,000), totaling $325,000. Your two children together split $175,000.
Years later, your spouse dies. That $325,000 (plus whatever else they accumulated) now gets divided among your two children AND your spouse’s three children from their first marriage. Your biological children’s inheritance just got diluted from a two-way split to a five-way split—through no choice of yours.
Scenario 3: Spouse + Your Descendants Who Are NOT Also the Spouse’s Descendants
If you have children from a prior relationship and none of your descendants are also your spouse’s descendants, the formula shifts: your spouse receives the first $100,000 plus one-half of any balance. Your children split the remaining half.
Example: $500,000 estate. Spouse gets $100,000 plus $200,000 (half of the remaining $400,000), totaling $300,000. Your children from a prior marriage split $200,000.
Scenario 4: Spouse + Surviving Parent(s), No Descendants
If you have no children or grandchildren but one or both of your parents are still living, your spouse receives the first $150,000 plus three-quarters of any balance. Your surviving parent(s) split the remaining quarter.
Example: $500,000 estate, no kids, your mother is still living. Spouse gets $150,000 plus $262,500 (three-quarters of remaining $350,000), totaling $412,500. Your mother receives $87,500.
Is that what you would have wanted? Maybe. Maybe not. The statute doesn’t ask.
The Math Problem: When the Formula Doesn’t Match Your Intentions
Even when you want your spouse and children to inherit, intestacy often gives them dramatically more or less than you’d choose.
The $500,000 Estate:
You die with $500,000. Your spouse and two children survive you.
Under intestacy (Scenario 2): Spouse gets $325,000 (65%). Children split $175,000 (35% total, or $87,500 each).
Maybe that’s what you wanted. Maybe you wanted your spouse to have everything, trusting them to provide for the kids. Maybe you wanted the kids to receive more now. The formula doesn’t care—it applies the same math to everyone.
The $5,000,000 Estate:
Now you die with $5,000,000. Same family.
Under intestacy: Spouse gets $150,000 plus $2,425,000 (half of remaining $4,850,000), totaling $2,575,000 (51.5%). Children split $2,425,000 (48.5% total, or $1,212,500 each).
Your adult children just received $1.2 million each—outright, immediately, with no conditions. Maybe that’s fine. Maybe one child has a gambling problem. Maybe another is in a volatile marriage and that inheritance is about to become marital property in their divorce. Maybe you wanted the money in trust until they were 30, or 40, or tied to specific milestones.
Too bad. Intestacy doesn’t do conditions. It doesn’t do trusts. It doesn’t do judgment calls about whether your 22-year-old should receive a seven-figure windfall.
The Spouse Who Gets Too Little:
Consider this: you have $800,000 and children from a prior marriage (Scenario 3). Your spouse of 25 years receives $100,000 plus $350,000 (half of remaining $700,000), totaling $450,000. Your children from a previous marriage—children your current spouse helped raise—split $350,000.
Your spouse, who may have contributed to building that wealth for decades, receives 56%. Is that what you would have chosen? What if your spouse can’t afford to stay in the house you shared?
The Takeaway:
Intestacy applies the same formula whether your estate is $100,000 or $10,000,000. Whether your children are responsible adults or struggling with addiction. Whether your spouse needs everything to survive or has their own substantial assets. The formula doesn’t adjust for circumstances—it just calculates.
The Minor Children Catastrophe: Why Parents Need Trusts
If you have minor children, dying without proper estate planning doesn’t just inconvenience your family—it can prevent them from accessing the very money you saved to protect them.
Minors Can’t Own Property
Here’s a fundamental legal reality most parents don’t know: minor children cannot legally own property in Michigan. They can’t hold title to real estate. They can’t have bank accounts in their own names (beyond small custodial amounts). They can’t receive an inheritance directly.
So what happens when Dad dies intestate and his two minor children are entitled to $175,000?
Enter the Conservatorship Nightmare
Mom now has to open a conservatorship case—a separate court proceeding—for each child. Not one case for both kids. One case per child.
Each conservatorship requires:
- Filing fees and court costs
- Appointment of a conservator (usually Mom, but the court decides)
- Posting of bond
- An initial inventory of all assets
- Annual accountings filed with the court
- Annual reports on the child’s status
- Court approval for virtually any use of the funds
The Money Is Locked Away
Once that inheritance goes into a conservatorship account, it’s frozen. Mom can’t use it without petitioning the court and getting a judge’s approval—for every single expenditure.
Need to pay the mortgage on the family home? File a petition. Wait for a hearing. Hope the judge approves. Your eight-year-old’s inheritance money sitting in an account can’t pay the mortgage while Mom waits for court dates.
Need to pay for private school tuition? Petition the court. Wait for approval.
Need to pay medical bills? Petition the court.
The Unthinkable Scenario:
Your child is diagnosed with a serious illness. There’s an experimental treatment that could save their life, but insurance won’t cover it. The cost is $50,000. Your child’s conservatorship account has $87,500 sitting in it—money you earned and saved specifically to protect your children.
Mom files an emergency petition. But the court’s calendar is backed up. The judge wants more documentation about the treatment. There are procedural requirements. Meanwhile, your child’s condition worsens.
The money is right there. It exists to help your child. And your family can’t touch it without a judge’s signature.
The Ongoing Cost
Maintaining a conservatorship isn’t cheap. Between court filings, required accountings, bond premiums, and attorney fees for preparing annual reports, baseline costs run $5,000 to $10,000 per year, per child. In practice, typical annual costs reach $10,000 to $15,000 per child once you factor in attorney time for petitions, hearings, and the inevitable complications that arise. If you need help understanding what conservatorship involves, call (586) 991-7611—we’ve guided families through this process hundreds of times.
If both children inherited $87,500 each, and the conservatorships need to run until they turn 18, you could easily spend $100,000 to $150,000 per child in administration costs—on money that was supposed to help them.
What if the children only inherited $50,000 each? Court costs and attorney fees could consume most or all of it before they ever see a dime. The inheritance you worked your entire life to leave them disappears into administrative expenses.
Then They Turn 18
After years of Mom being unable to access the money for the children’s actual needs, everything remaining in the conservatorship accounts gets distributed outright to each child on their 18th birthday.
Not 21. Not 25. Not “when they graduate college” or “when they demonstrate financial responsibility.” Eighteen.
Your child receives whatever’s left—potentially tens of thousands or hundreds of thousands of dollars—with no restrictions, no guidance, no conditions. At eighteen. When their prefrontal cortex won’t fully develop for another seven years. When they’re statistically most likely to make catastrophic financial decisions.
We’ve watched 18-year-olds blow through six-figure inheritances in months. Cars, “friends,” bad investments, worse relationships. Gone. The money you sacrificed to save, locked away from helping them as children, handed to them as teenagers to squander.
The Trust Solution
A properly drafted trust avoids all of this. No conservatorship. No court approval for expenditures. No $10,000–$15,000 annual administrative costs. Mom serves as trustee, using funds for the children’s benefit immediately—mortgage payments, medical care, education, whatever they need.
And when the children reach adulthood? The trust terms you chose control. Age 25. Age 30. Staggered distributions. Incentive provisions. Protection from creditors and divorcing spouses.
This is why parents with minor children don’t just need a will—they need a trust. Boroja, Bernier & Associates builds comprehensive trust-based plans for Michigan families starting at $2,500–$5,500—a fraction of what a single year of conservatorship costs.Quotable Expert Statement: “I’ve sat with widows who couldn’t pay their mortgage because their deceased husband’s money was locked in their children’s conservatorship accounts. The money existed. It was meant for the family. But without court approval for every dollar, it might as well not have existed at all. A $3,000 trust would have prevented years of financial stress and tens of thousands in conservatorship costs.”
When There’s No Surviving Spouse: The Bloodline Hierarchy
If there’s no spouse, Michigan law follows the family tree in a specific order. No skipping. No exceptions. And it stops sooner than most people think.
The Order of Priority:
- Descendants (children, grandchildren, great-grandchildren): They inherit everything, divided by representation (more on that calculation below—it’s not what you’d expect).
- Parents: If no descendants exist, your parents inherit equally. If only one parent survives, that parent takes the entire estate.
- Siblings and Their Descendants: If no parents survive, your siblings inherit. If a sibling predeceased you but left children (your nieces and nephews), those children can inherit—but the way shares are calculated may surprise you.
- Grandparents and Their Descendants: Half the estate goes to your paternal grandparents (or their descendants—your aunts, uncles, cousins on that side). Half goes to maternal grandparents (or their descendants). If one side has no surviving members, the entire estate goes to the other side.
And That’s Where It Stops.
Michigan does not trace bloodlines beyond grandparents and their descendants. No great-grandparents. No great-aunts. No distant cousins from earlier generations. If no heir exists at the grandparent level or closer, the estate escheats to the State of Michigan. Your assets become government property.
This happens more often than people realize—particularly with elderly individuals who outlived their immediate family, immigrants who lost contact with relatives abroad, or people from small families with few descendants.
The Uncomfortable Reality: We’ve seen estates where the deceased explicitly told everyone “I don’t want my brother to get anything” pass directly to that brother because there was no will and no closer relatives. We’ve watched estranged parents inherit from children who cut off contact decades ago. The statute doesn’t care about relationships—it follows bloodlines to the grandparent level, then stops.
Per Capita at Each Generation: The Distribution Method You Probably Don’t Want
Here’s where Michigan intestacy law creates outcomes most families would never choose—and most people don’t understand until it’s too late.
Michigan uses a distribution method called “per capita at each generation” (also called “by right of representation”). This is NOT the same as “per stirpes”—the method most people assume applies and most people would actually prefer.
What Per Capita at Each Generation Means:
When descendants inherit, the estate divides at the first generation where at least one person is still living. Each living person at that generation takes an equal share. So far, similar to per stirpes.
But here’s the critical difference: for deceased members of that generation who left descendants, their shares don’t pass directly to their own children. Instead, all those shares get pooled together and divided equally among ALL descendants at the next generation.
Example—The Way Michigan Actually Does It:
You die with three children: Alice, Bob, and Carol. Alice is living. Bob died but has two children (your grandchildren). Carol died but has one child.
Under Michigan’s per capita at each generation:
- The estate first divides into three shares at your children’s generation
- Alice takes her 1/3
- Bob’s 1/3 and Carol’s 1/3 get combined (2/3 total) and divided equally among ALL three grandchildren
- Each grandchild receives 2/9 of the total estate (approximately 22.2% each)
What Most People Expect (Per Stirpes):
Under per stirpes—which requires a will or trust to implement—each branch of the family keeps its share:
- Alice takes 1/3 (33.3%)
- Bob’s two children split his 1/3 (each getting 1/6, or 16.7%)
- Carol’s one child takes her entire 1/3 (33.3%)
Why This Matters—The Aunt With Nine Kids Problem:
Your parent was an only child—just you. Your aunt had nine children—your nine cousins. Your generation has ten people total.
Under per stirpes (what most people want and expect):
- You inherit your parent’s entire 50% share
- Your nine cousins split your aunt’s 50% share (approximately 5.5% each)
Under per capita at each generation (what Michigan intestacy actually does):
- Your parent’s share and your aunt’s share get pooled at your generation
- All ten of you split 100% equally
- You get 10%. Each of your nine cousins gets 10%.
Your share just dropped from 50% to 10%—an 80% reduction—because the law pools and redistributes at each generation. Meanwhile, each of your cousins nearly doubled their share (from 5.5% to 10%).
Your parent’s decision to have one child. Your aunt’s decision to have nine. Family planning choices that had nothing to do with you just determined that you receive the same inheritance as each of your nine cousins—even though you represent an entire branch of the family tree.
Is That Fair?
Most people say no. Most people want their grandchildren to receive what their parent would have received—keeping each family branch’s share intact. But that’s per stirpes, and Michigan intestacy doesn’t use per stirpes.
If you want per stirpes distribution, you need a will or a trust. Period.
Who Gets Nothing Under Michigan’s Intestacy Laws
The law defines who inherits with mathematical precision. Everyone else—regardless of your relationship, their contributions, or your verbal promises—gets nothing.
People Excluded from Intestate Succession:
Unmarried Partners: You’ve lived together for 20 years. Raised kids together. Built a life together. But never married. Your partner inherits nothing under intestate succession. Zero. Your blood relatives you haven’t seen in years inherit instead.
Stepchildren (Not Legally Adopted): Your stepchildren whom you raised since they were toddlers? They’re not your legal descendants unless you formally adopted them. They inherit nothing.
In-Laws: Your daughter-in-law who cared for you through your final illness while your actual children couldn’t be bothered? She’s not in the bloodline. Nothing.
Close Friends: Your best friend of 50 years who was more family than your family? The law doesn’t recognize friendship. Nothing.
Charities: Organizations you supported your entire life, causes you believed in—they receive nothing unless you specifically named them in a will or beneficiary designation.
Former Spouses: Generally excluded, though property division from the divorce is a separate issue.
Relatives Beyond Grandparents’ Descendants: Your great-aunt who was your favorite person growing up? If she’s not descended from your grandparents (she’s not—she’d be descended from your great-grandparents), she can’t inherit under intestacy. The bloodline stops at the grandparent level.
The Harsh Reality: Intestacy rewards biology over relationship—but only to a point. Someone’s DNA matters more than their presence in your life, unless they’re too far removed on the family tree. We’ve watched devoted caregivers receive nothing while absent relatives inherited everything. We’ve seen estates go to the state because the only living relatives were great-aunts and second cousins—people the deceased would have happily included, but who fall outside the statutory cutoff.
The 120-Hour Rule and Other Technical Requirements
Michigan law includes technical requirements that can dramatically affect who inherits.
The 120-Hour Survival Requirement (MCL 700.2104):
To inherit under intestate succession, an heir must survive the deceased by at least 120 hours (five days). This prevents property from passing to someone who dies shortly after, avoiding double probate.
Why It Matters:
A car accident kills both spouses. Wife dies at the scene; husband dies four days later. Under the 120-hour rule, the husband didn’t survive the wife by the required 120 hours—so neither inherits from the other. Each estate passes to their respective heirs as if they’d died simultaneously.
Without this rule, the wife’s entire estate would pass to the husband (who’s now dead), then through his estate to his heirs—potentially cutting out the wife’s family entirely.
Adopted Children:
Legally adopted children are treated identically to biological children for inheritance purposes. They inherit from their adoptive parents and the adoptive family line, not from biological parents (unless the biological parent was also the child’s legal parent at death—such as in a stepparent adoption situation).
Children Born After Death:
A child conceived before but born after the parent’s death still inherits—assuming paternity can be established. Advances in reproductive technology have made this more complicated than the statute originally anticipated.
Half-Blood Relatives:
Michigan treats half-siblings (sharing one parent) the same as full siblings. Your half-brother from your father’s second marriage inherits equally with your full sister. The statute doesn’t distinguish based on the closeness of your actual relationship.
The “Slayer Statute” (MCL 700.2803):
If you kill someone, you can’t inherit from them. This seems obvious but requires legal proof. A conviction triggers automatic disqualification. Without a conviction, the probate court applies a civil standard (preponderance of evidence) to determine if the heir caused the death.
The Practical Problems: Administering an Intestate Estate
Beyond the distribution formula, dying without a will creates procedural complications that cost time and money.
Problem 1: Who Has Authority?
With a will, the named executor petitions for appointment. Without a will, multiple people may have equal priority. If three children all want to serve as personal representative (and they can’t agree on who), the court decides—adding time, conflict, and legal fees.
Priority for Appointment (MCL 700.3203):
The surviving spouse has first priority. Then the heirs. Then creditors. When multiple heirs have equal priority and can’t agree, the court either appoints one, appoints a neutral third party, or requires co-administrators who must act together (a recipe for gridlock if they don’t get along).
Problem 2: Proving Heirship
Without a will identifying beneficiaries, the personal representative must prove who qualifies as an heir. This requires documentation: birth certificates, death certificates, marriage certificates, divorce decrees. For distant relatives, tracing the family tree can require genealogical research and affidavits from family members.
For someone with a simple family structure, this adds modest time. For someone with multiple marriages, children from different relationships, predeceased siblings, and scattered families—it can take months and cost thousands.
Problem 3: Bond Requirements
Courts often require personal representatives of intestate estates to post bond—insurance protecting the estate if the representative mismanages assets. Bonds cost money (typically 0.5–1% of estate value annually). A will can waive bond; intestacy can’t.
Problem 4: No Guidance on Distribution
A will can say “sell the house and split the proceeds” or “give Mom’s jewelry to Sarah.” Intestacy says “the heirs inherit”—but doesn’t say how to divide a house three ways, or who gets the family photos, or how to handle the car one sibling wants and the others want sold.
Problem 5: You Can’t Choose Per Stirpes
Remember that distribution method most families would prefer? You can’t get it without a will. Intestacy locks you into per capita at each generation. If that’s not what you want—and it usually isn’t—you needed to plan ahead. These questions create conflict. Conflict creates legal fees. A $2,000 will prevents $20,000 in probate litigation. If you’re dealing with an intestate estate right now, the Michigan probate attorneys at Boroja, Bernier & Associates can help—call (586) 991-7611 to discuss your situation.
What Intestacy Doesn’t Control: The Other Half of Your Estate
Here’s what many people miss: intestate succession only applies to “probate assets”—property that passes through the estate. A significant portion of most people’s wealth passes outside probate entirely, regardless of whether there’s a will.
Assets NOT Controlled by Intestacy:
- Joint accounts with survivorship: Pass automatically to the surviving owner
- POD/TOD accounts: Pass directly to named beneficiaries
- Life insurance: Paid to the named beneficiary
- Retirement accounts (401k, IRA): Pass to named beneficiaries
- Property held in trust: Distributed according to trust terms
- Real estate with survivorship rights: Passes to surviving owners
Why This Creates Confusion:
Someone might assume that because they have no will, everything passes through intestate succession. In reality, their $500,000 retirement account goes to the ex-spouse they forgot to remove as beneficiary. Their joint bank account goes entirely to one child. The house with a lady bird deed passes outside probate.
The intestacy rules might only control 20% of actual assets—while outdated beneficiary designations control the other 80%.
The Planning Gap:
This is why comprehensive estate planning matters more than just having a will. Your 401k beneficiary form, your life insurance policy, your joint account titling—they all need to work together. Intestacy is only one piece of a chaotic puzzle when there’s no coordinated plan.
How Boroja, Bernier & Associates Helps With Intestate Estates
Whether you’re dealing with a loved one’s intestate estate or realizing you need to create a plan to avoid this situation, we provide practical solutions.
For Families Navigating Intestate Succession:
Heirship Determination: We trace the family tree, gather documentation, and establish who inherits under Michigan’s statutory formula. When family structures are complicated, this analysis prevents distribution to the wrong people—and the personal liability that follows.
Personal Representative Appointment: We guide families through selecting and appointing a personal representative, mediating when multiple heirs have equal priority and different opinions.
Administration Guidance: Intestate estates still require proper administration—creditor notification, asset inventory, tax compliance, distribution. We handle the process efficiently despite the absence of testamentary guidance.
Conflict Resolution: Intestacy breeds conflict. Who serves as personal representative? How do you divide property that can’t be split? What about the “loans” one sibling claims they made? We navigate these disputes before they become litigation.
For Living Clients Who Want to Avoid Intestacy:
Will-Based Planning: Starting at $1,500–$2,500, we create wills that actually reflect your intentions—including per stirpes distribution if that’s what you want (and it usually is).
Trust-Based Planning: For $2,500–$5,500, we build comprehensive plans that avoid probate entirely, eliminate conservatorship requirements for minor children, and provide flexibility intestacy can never offer.
Beneficiary Review: We audit your existing designations to ensure retirement accounts, life insurance, and financial accounts align with your overall plan.
Blended Family Planning: Second marriages, stepchildren, children from prior relationships—we design plans that protect everyone you actually want to protect, not just the people the statute recognizes. Call (586) 991-7611 to discuss your family’s situation.
Common Questions About Dying Without a Will in Michigan
Your house passes through intestate succession to your heirs. If you’re married, your spouse likely receives a portion—but not necessarily all of it, depending on whether you have descendants and whose descendants they are. Your spouse and children could end up as co-owners, creating complications if anyone wants to sell or if your spouse wants to stay in the home.
Only in limited circumstances—if you have no descendants AND no surviving parents. Otherwise, your spouse receives the first $100,000–$150,000 (depending on family structure) plus a portion of the remainder. The rest goes to descendants or parents. The exact amounts adjust annually for cost of living.
Minors cannot legally own property in Michigan. If your minor children inherit, your surviving spouse must open a conservatorship case for each child—a court-supervised account that requires judicial approval for virtually every expenditure. This process costs $5,000–$10,000 per child per year at baseline, with typical costs reaching $10,000–$15,000 annually once attorney fees, hearings, and complications are factored in. The money is largely inaccessible for the family’s actual needs until each child turns 18, when they receive whatever remains outright with no restrictions.
Per stirpes keeps each family branch’s share intact—your grandchildren inherit what their parent would have received. Per capita at each generation pools deceased members’ shares and divides equally at each level—meaning your grandchild who’s an only child gets the same share as each of their many cousins. Michigan intestacy uses per capita at each generation. Most people prefer per stirpes, but you need a will or trust to get it.
Straightforward intestate estates with clear heirs and no disputes cost roughly the same as will-based administration—typically $10,000–$15,000. However, intestate estates frequently become complicated. Proving heirship for distant relatives, tracing family trees, gathering documentation from multiple states, addressing heirs who emerge after distribution—these issues commonly push costs to $15,000–$25,000 or more. We’ve seen intestate estates with contested heirship or after-discovered heirs exceed $50,000 in legal fees. A $1,500–$5,500 estate plan looks like a bargain compared to those numbers.
Only to grandparents and their descendants. If no heirs exist at that level—no parents, siblings, nieces, nephews, aunts, uncles, or first cousins—the estate goes to the State of Michigan. Great-aunts, great-uncles, and second cousins cannot inherit under intestacy even if they exist.
No. Unless legally adopted, stepchildren have no inheritance rights under Michigan intestate succession. They’re not considered your descendants regardless of how you raised them or how long you were in their lives.
This is a significant risk in intestate administration. If an heir emerges after distribution—a child no one knew about, a relative in another country who wasn’t located—the personal representative may face personal liability for distributing to the wrong people. Heirs can potentially pursue claims for years. This risk is why thorough heirship investigation matters, but it’s also why it’s expensive. Proper estate planning identifies your beneficiaries clearly, eliminating this uncertainty entirely.
After searching the bloodline to the grandparent level, if no heir exists, the estate “escheats” to the State of Michigan. Your assets become state property. This happens more often than people expect—particularly with elderly individuals who outlived their immediate family.
Not exactly. You might have no will but still have beneficiary designations on retirement accounts, life insurance, and POD accounts. Those assets pass outside intestacy. But without comprehensive planning, these pieces rarely work together coherently—and the assets that do pass through probate follow the statutory formula with per capita distribution.
A will alone doesn’t avoid conservatorship for minor children’s inheritance—the children still can’t own property, so the court still supervises their assets until they turn 18. A trust allows you to name a trustee (often your spouse) who can use funds immediately for the children’s needs without court approval, specify when and how children receive their inheritance (age 25, 30, or in stages), and protect assets from the children’s own poor decisions, creditors, or divorcing spouses. For families with minor children, a trust isn’t a luxury—it’s essential.
Don’t Leave Your Family to the Statutory Formula
Michigan’s intestate succession laws were written for everyone. That’s exactly the problem—they weren’t written for you.
The Legislature doesn’t know that you’d want your partner of 20 years to have the house. The statute doesn’t care that you raised your stepchildren since they were toddlers. The formula uses per capita at each generation when you’d almost certainly prefer per stirpes. And if your only living relatives are great-aunts and second cousins? The state gets everything instead.
If you have minor children, the stakes are even higher. Without a trust, your family could spend years and tens of thousands of dollars in conservatorship proceedings—money locked away from helping your children when they need it most, then handed to them at 18 with no restrictions.
If you’re dealing with a loved one’s intestate estate, we’ll help you navigate the statutory requirements and resolve the complications as efficiently as possible.
If you’re realizing you need a plan, we’ll create one. Not because we profit from complexity—but because we’ve seen too many families suffer through outcomes that a two-hour planning session would have prevented.
We win together. That’s not a slogan—it’s how we practice. Your success in protecting your family, your life, and your legacy is our success. Let’s make sure the state’s plan isn’t the one that controls your family’s future.
Because you deserve better than a statutory formula.
Call Us: (586) 991-7611
Email: admin@bbalawmi.com
Office Hours: Monday – Thursday: 9:00 AM – 5:00 PM | Friday: 9:00 AM – 3:00 PM | Saturday & Sunday: By Appointment
Service Area: Boroja, Bernier & Associates handles intestate succession matters throughout Macomb County (Sterling Heights, Clinton Township, Warren, Shelby Township), Oakland County (Troy, Rochester Hills, Royal Oak, Southfield), Wayne County (Detroit, Livonia, Dearborn, Westland), Washtenaw County (Ann Arbor), Ingham and Eaton Counties (Lansing area), and surrounding Michigan communities. Estate planning services available statewide. Headquarters in Shelby Township with additional offices in Troy, Ann Arbor, and Lansing.



