Someone you love has died. Now, amid grief, you’re confronting questions that most people never think about until it’s too late: What are you legally entitled to inherit? Does a missing will change everything? Could family members you barely know have a claim to the estate?

Here’s the core trap most Southeast Michigan heirs fall into: they assume the inheritance process is straightforward. A spouse assumes everything passes to them. Adult children assume they’ll split things evenly. Blended families assume the law will “do the right thing.”

Michigan’s inheritance laws don’t work that way.

Whether a loved one died with a will or without one, Michigan law — not assumptions — determines who receives what. And in Southeast Michigan, where blended families, second marriages, and multigenerational households are increasingly common, inheritance disputes are rising. Boroja, Bernier & Associates regularly helps families across Macomb County, Oakland County, and Wayne County navigate these exact situations — and the outcomes often surprise people.

This guide explains how Michigan inheritance laws actually work, what taxes heirs may face, and how to protect your family from the costly disputes that poor planning creates.

Testate vs. Intestate: The Fundamental Distinction in Michigan Inheritance Law

Understanding whether a deceased person died testate (with a valid will) or intestate (without one) is the single most important factor in determining how inheritance works in Michigan. The distinction controls who gets what, how quickly the process moves, and how likely disputes are to arise.

When There’s a Valid Will (Testate)

If your loved one left a valid Michigan will, the probate estate generally passes according to that document. The will names beneficiaries, specifies shares, and designates a personal representative (Michigan’s term for an executor) to manage the process.

But a will doesn’t override everything. Michigan law protects surviving spouses through elective share rights, and certain statutory allowances — including a homestead allowance, exempt property allowance, and family allowance — apply regardless of what the will says.

This is a critical point many families miss: even a clear, valid will can be partially overridden by Michigan’s spousal protections.

When There’s No Will (Intestate)

When someone dies without a valid will — or with a will that doesn’t address all their property — Michigan’s intestate succession laws take over. These statutes, found in MCL 700.2101–700.2114, create a default distribution scheme based entirely on family relationships.

Many Southeast Michigan families assume that without a will, “everything automatically goes to my spouse.” That’s one of the most common and dangerous misconceptions in Michigan inheritance law. The statute actually splits assets between spouses and other surviving relatives in ways that surprise most people — particularly in blended family situations.

Intestacy laws only recognize certain legal relationships. They do not provide for:

• Stepchildren (unless legally adopted)
• Unmarried partners — regardless of how long the relationship lasted
• Close friends
• Charities

These individuals receive nothing through intestate succession, no matter how close the relationship was. The law simply doesn’t see them as heirs.

Where Probate Happens in Southeast Michigan

Whether there’s a will or not, estates are administered through probate court based on where the deceased lived:

• Wayne County Probate Court: 2 Woodward Ave, Detroit, MI 48226
• Oakland County Probate Court: 1200 N Telegraph Rd, Dept 457, Pontiac, MI 48341
• Macomb County Probate Court: 40 N Main St, Mt. Clemens, MI 48043

Michigan inheritance laws are identical statewide — only the administrative venue differs. But the local court’s procedures, timelines, and caseload can affect how quickly an estate moves through the process.

How Michigan Divides Assets Among Heirs

The Order of Inheritance Under Michigan Intestacy

Michigan’s intestate succession follows a specific, statutory hierarchy. If there is no valid will, assets pass in this order:

1. Surviving spouse (share depends on who else survives — see below)
2. Descendants (children, grandchildren) by representation
3. Parents
4. Siblings and their descendants
5. Grandparents, aunts, uncles, cousins
6. State of Michigan (only if absolutely no heirs can be located — this is rare)

Understanding this hierarchy matters because it means your closest relationships don’t necessarily control your inheritance. Legal status does.

Spousal Shares Under Michigan Law

The surviving spouse’s share depends entirely on who else survives. Under MCL 700.2102:

• Scenario 1: Spouse + descendants who are also the spouse’s descendants The spouse receives a statutory base amount (approximately $150,000, adjusted periodically for inflation) plus one-half of the remaining estate. Descendants split the rest.

• Scenario 2: Spouse + at least one descendant who is NOT the spouse’s descendant (blended family) The spouse receives the statutory base amount plus one-half of the balance. The deceased’s children — including those from prior relationships — split the remainder.

• Scenario 3: Spouse + no descendants but surviving parents The spouse receives the statutory base amount plus three-quarters of the balance. Parents take the rest.

• Scenario 4: Spouse + no descendants and no parents The spouse inherits everything.

Here’s where good assumptions fail:

Problem: A Macomb County man dies without a will. He has a wife and two adult children from a previous marriage. His wife assumes she’ll inherit everything — they’ve been married 15 years and the children haven’t spoken to him in a decade.

Why it matters: Under Michigan intestacy, the wife receives approximately $150,000 plus half the remaining estate. The husband’s children from his first marriage split the other half — even though the family relationships were estranged.

Michigan law context: MCL 700.2102 specifically addresses blended family situations, protecting children’s inheritance rights regardless of the quality of the relationship.

Solution: A will or trust allows you to specify exactly who receives what, rather than leaving distribution to statutory defaults that may not reflect your actual wishes.

Next step: If you’re in a blended family, estate planning isn’t optional — it’s the only way to control who inherits.

Children’s Inheritance Rights

Biological and legally adopted children have equal inheritance rights under Michigan law. However, several important distinctions apply:

• Stepchildren are not legal heirs unless formally adopted
• Non-marital children who are legally recognized (through paternity establishment or acknowledgment) inherit like any other child
• Children born after a will was executed may have special rights under Michigan’s pretermitted heir statutes (MCL 700.2302), which can grant them a share even if the will doesn’t mention them

Taxes on Inherited Assets in Michigan

Good News: Michigan Has No Inheritance Tax

Michigan does not impose a state-level inheritance tax or estate tax. The prior inheritance tax was repealed, and Michigan’s estate tax became inoperative after federal law changes in the early 2000s.

This means heirs in Southeast Michigan pay no Michigan tax simply for receiving an inheritance.

Federal Estate Tax: High Threshold

Federal estate tax only applies to very large estates. As of 2026, the federal exemption is $15,000,000 per person — with portability allowing married couples to shelter up to $30,000,000 combined.

Estates below this threshold owe no federal estate tax. For the vast majority of Southeast Michigan families, federal estate tax will not be a concern.

In our experience serving families across Macomb, Oakland, and Wayne Counties, most heirs won’t owe estate or inheritance tax on what they receive. But that doesn’t mean inherited assets are completely tax-free. Income taxes on retirement accounts and capital gains on property sales can still create significant, unexpected tax obligations.

Taxes Heirs May Still Owe

• Inherited retirement accounts: Distributions from inherited IRAs and 401(k)s are generally taxable income to the heir. Under the SECURE Act, most non-spouse beneficiaries must withdraw all funds within 10 years of the original owner’s death.
• Capital gains: Inherited assets typically receive a “stepped-up” basis to fair market value at the date of death, potentially reducing capital gains if sold — but gains above that basis remain taxable.
• Out-of-state property: If the deceased owned real estate in a state with its own estate or inheritance tax, those taxes may apply to that specific property.

Heir Disputes in Southeast Michigan: Why Poor Planning Fuels Costly Conflict

Common Conflicts

Inheritance disputes are unfortunately common in Southeast Michigan, especially when:

• Will validity is questioned: Claims of incapacity, undue influence, fraud, or improper execution
• Asset valuations are contested: Disagreements about what property — particularly real estate and business interests — is actually worth
• Non-probate assets create confusion: Beneficiary designations on life insurance, retirement accounts, and POD bank accounts that conflict with will provisions
• Blended families clash: Surviving spouses versus children from prior relationships fighting over their respective shares

Why Good Intentions Still Produce Bad Outcomes

The core mistake families make isn’t malicious — it’s passive. They assume verbal promises will be honored. They believe a handwritten note qualifies as a will. They trust that family members will “work it out.”

Dying without a will — or with a poorly drafted DIY document — dramatically increases dispute risk. Ambiguous language, missing provisions, and execution errors give unhappy heirs the legal ammunition to challenge the estate.

Wayne, Oakland, and Macomb County probate courts see these disputes regularly. They’re expensive, time-consuming, and emotionally devastating for families already in grief.

The Cost of Conflict vs. the Cost of Planning

Contested probate cases in Southeast Michigan can easily cost $20,000–$50,000 or more in legal fees — sometimes consuming a significant portion of the estate itself. Cases may drag on for one to two years or longer.

Compare that to the cost of proper estate planning with an experienced Michigan attorney:

• Comprehensive will-based estate plans: $1,500–$2,500
• Comprehensive trust-based estate plans: $2,500–$5,500

The math is clear. Proactive planning costs a fraction of what a single contested probate case consumes — and it protects families from the emotional toll that litigation creates on top of grief.

Disclaimers: When Heirs Choose Not to Inherit

Sometimes heirs don’t want their inheritance. Michigan and federal law allow “qualified disclaimers” — formal refusals that redirect assets as if the disclaiming person had died before the decedent.

Why Would Someone Disclaim an Inheritance?

• Tax planning: Redirecting assets to children or grandchildren may reduce overall family tax burden across generations
• Creditor concerns: In some situations, assets may pass to the next beneficiary rather than being exposed to the disclaiming heir’s creditors
• Family dynamics: Redirecting inheritance to siblings or other relatives who need it more

Important warning for heirs receiving government benefits: If you receive SSI or Medicaid, do not assume that disclaiming an inheritance will protect your eligibility. Federal and state agencies typically treat a disclaimer as a transfer of assets, which can trigger a penalty period and actually jeopardize your benefits. The correct strategy for beneficiaries on means-tested programs is usually to accept the inheritance into a properly structured special needs trust — not to disclaim it. This requires experienced legal guidance before any action is taken.

Requirements for Qualified Disclaimers

To be effective for federal tax purposes, a disclaimer must be:

• In writing
• Irrevocable and unqualified
• Delivered within 9 months of the decedent’s death
• Made before the heir has accepted any benefits from the inheritance

The 9-month deadline is strict and unforgiving. Miss it, and you permanently lose the ability to disclaim — regardless of the circumstances.

Special Needs Considerations

For heirs with disabilities who receive means-tested benefits like SSI or Medicaid, disclaiming an inheritance is not a safe strategy — it can be treated as a disqualifying transfer. Instead, the proper approach is typically to direct inherited assets into a special needs trust that preserves both the inheritance and benefit eligibility. This can be accomplished through advance estate planning by the person leaving the inheritance, or through a court-established trust after the death occurs. Either way, the coordination requires careful legal planning — and acting without professional guidance risks both the inheritance and the benefits.

Frequently Asked Questions About Michigan Inheritance Laws

What happens if someone dies without a will in Michigan?

Their estate passes under Michigan’s intestate succession laws (MCL 700.2101–700.2114). Assets go to surviving relatives in a specific statutory order: spouse first, then descendants, parents, siblings, and more remote relatives. Stepchildren, unmarried partners, and friends receive nothing through intestate succession unless named on beneficiary designations, joint accounts, or other non-probate arrangements.

How much does a surviving spouse inherit in Michigan?

It depends on who else survives the deceased. If all descendants are also the spouse’s descendants, the spouse receives a statutory base amount (approximately $150,000, adjusted for inflation) plus half the remaining estate. In blended families with children from prior relationships, the spouse’s share may be reduced. The specific calculations are outlined in MCL 700.2102.

Will I owe taxes on my inheritance in Southeast Michigan?

Michigan has no inheritance or estate tax, so you won’t owe state taxes simply for receiving an inheritance. Federal estate tax only applies to estates exceeding $15,000,000 (as of 2026). However, you may owe income taxes on distributions from inherited retirement accounts and capital gains taxes if you sell inherited assets above their stepped-up basis.

Can I refuse an inheritance in Michigan?

Yes, through a qualified disclaimer. You must disclaim in writing within 9 months of the death, before accepting any benefits from the inheritance. The disclaimed assets pass to the next beneficiary as if you had predeceased the decedent. This can be useful for tax planning or redirecting assets to other family members. However, heirs receiving SSI or Medicaid should not disclaim — it can be treated as a transfer of assets that jeopardizes benefits. A special needs trust is typically the correct approach in those situations.

How do heir disputes get resolved in Southeast Michigan?

Disputes are handled by the probate court in the county where the deceased resided — Wayne County Probate Court in Detroit, Oakland County Probate Court in Pontiac, or Macomb County Probate Court in Mt. Clemens. Common disputes involve will validity challenges, asset valuation disagreements, and conflicts between spouses and children from prior relationships. Contested cases can take one to two years and cost $20,000–$50,000+ in legal fees.

What’s the difference between probate and non-probate assets?

Probate assets are those owned solely in the deceased person’s name — they pass through the probate court process and are distributed according to the will or intestacy laws. Non-probate assets — including jointly held property, assets with beneficiary designations (life insurance, IRAs, 401(k)s), and assets held in trusts — transfer directly to the named beneficiary outside of probate. Conflicts often arise when beneficiary designations haven’t been updated and contradict the will.

Do I need an attorney to handle an inheritance in Michigan?

For simple, uncontested estates, Michigan allows informal probate that some families handle on their own. However, an experienced probate attorney is strongly recommended when the estate involves blended family dynamics, significant assets, real estate in multiple counties, disputes among heirs, or complex tax considerations. At Boroja, Bernier & Associates, our probate attorneys regularly guide Southeast Michigan families through these situations — helping families avoid the mistakes that turn straightforward inheritances into expensive legal battles.

Protect Your Family’s Inheritance — Don’t Leave It to Chance

Understanding Michigan inheritance law is important — but the real lesson is this: relying on default rules puts your family at risk. Intestacy doesn’t consider your wishes, your relationships, or your family’s unique circumstances. It applies a rigid statutory formula that treats every family the same — and it’s rarely what anyone would have chosen.

At Boroja, Bernier & Associates, we help families across Macomb County, Oakland County, Wayne County, and throughout Southeast Michigan understand their inheritance rights and create plans that protect the next generation. Our attorneys navigate probate courts across the region regularly and know how to minimize disputes, reduce delays, and ensure assets go where they’re intended to go.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re positioned to serve families throughout Southeast Michigan and Mid-Michigan — and estate planning services are available statewide to all Michigan residents.

To schedule a consultation with the Michigan probate and estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your family’s inheritance is too important to leave to statutory defaults and assumptions.