As attorneys serving families throughout Troy, Shelby Township, and across Michigan, we’ve seen how difficult it can be when a loved one passes away without a will. Many people believe that if they die without making a will, everything will automatically go to their spouse or children without complication. But that isn’t always true. When someone dies without a valid will in Michigan, the state decides how the person’s assets are distributed based on what’s called the laws of intestate succession.

Dying without a will doesn’t mean your assets disappear, but it does mean you lose the ability to decide who receives them. The court steps in and follows a legal formula. That formula may not match what you would have wanted for your family. At Boroja, Bernier & Associates, we help families understand how intestate succession works and how to avoid confusion by planning ahead.

Understanding Intestate Succession In Michigan

When someone dies without a will, they are said to have died “intestate.” Michigan’s intestate succession laws are found under Michigan Compiled Laws § 700.2101 through § 700.2114, part of the Estates and Protected Individuals Code (EPIC). These laws control who receives your property if no valid will is in place.

The order of inheritance depends on your surviving relatives. Here’s a general breakdown of how it works:

• If you die with a spouse but no descendants or parents, your spouse inherits everything.
• If you die with a spouse and descendants (children, grandchildren), your spouse gets the first portion (as defined by statute) and a percentage of the remaining estate, while your descendants share the rest.
• If you die with no spouse but with children, your children inherit everything equally.
• If you die with no spouse and no children, your parents, siblings, or more distant relatives may inherit.

Every situation is slightly different, and the court will apply the law according to your family structure. Unfortunately, this means that unmarried partners, close friends, and stepchildren who are not legally adopted are left out entirely.

The Probate Process Without A Will

When a person dies intestate in Michigan, the estate must go through probate court. During probate, the court appoints a personal representative to gather assets, pay debts, and distribute property according to the law. If no one volunteers or is clearly entitled to serve, the court will decide who to appoint.

Without a will to guide the process, the probate court must follow the statutory order of distribution. This can result in delays, disputes between family members, or outcomes that the deceased likely wouldn’t have wanted.

Legal And Financial Consequences Of Dying Without A Will

One of the biggest issues with dying intestate is the lack of control. You cannot leave specific gifts, name guardians for your minor children, or appoint someone you trust to manage your estate. Without a will, everything is handled by default rules, and those rules don’t always align with your wishes.

In blended families, intestate succession can lead to significant complications. Children from previous marriages may end up sharing assets with a stepparent or half-siblings in ways that cause tension. We’ve seen families caught off guard by how Michigan law splits property among surviving relatives.

Taxes, legal fees, and unnecessary court costs can also increase when a will isn’t in place. By planning ahead, you make the process smoother and reduce the emotional burden on your loved ones during a difficult time.

Frequently Asked Questions About Dying Without A Will In Michigan

What Is Intestate Succession And How Does It Work In Michigan?

Intestate succession is the legal process used to determine how your property is distributed when you die without a valid will. Michigan law outlines specific rules for who inherits based on your surviving family members. The priority typically starts with your spouse and children and then extends to parents, siblings, and more distant relatives if necessary.

If I Am Married, Will My Spouse Automatically Inherit Everything?

Not always. If you have children from a previous relationship, your spouse may not receive your entire estate. Under MCL § 700.2102, your spouse’s share depends on whether you have descendants or surviving parents. Your children may receive a portion of the estate, even if you would have preferred your spouse to inherit everything.

What Happens To My Minor Children If I Die Without A Will?

Without a will, you cannot legally name a guardian for your children. The probate court will decide who will care for them based on the child’s best interests, which may not align with your personal wishes. This is one of the most important reasons to create a will—to ensure your children are cared for by someone you trust.

Do Stepchildren Or Unmarried Partners Inherit Anything Without A Will?

No. Michigan’s intestate succession laws do not recognize stepchildren (unless legally adopted) or unmarried partners. If you want to provide for these individuals, you must create a will or use other estate planning tools. Otherwise, they will be excluded from any inheritance.

Is A Handwritten Or Verbal Will Valid In Michigan?

A handwritten (holographic) will may be valid in Michigan if it meets the requirements of MCL § 700.2502, including being entirely in the testator’s handwriting, dated, and signed. Verbal wills, however, are not valid. To avoid confusion or legal challenges, it’s best to have a properly drafted and witnessed will prepared by an attorney.

What Happens If No Heirs Can Be Found?

If no legal heirs can be identified, your estate may “escheat” to the State of Michigan under MCL § 700.2114. This means the state takes ownership of your assets. While rare, this outcome highlights the importance of making a will to direct where your property should go.

Can A Personal Representative Be Appointed Without A Will?

Yes. When someone dies without a will, the probate court appoints a personal representative. Preference is given to spouses, adult children, or other close relatives. However, without a will naming your choice, the court makes that decision, which may not reflect your intentions.

Call Boroja, Bernier & Associates To Create A Plan That Protects Your Family

At Boroja, Bernier & Associates, we help families throughout Troy, Shelby Township, and surrounding areas in Oakland County and Macomb County create estate plans that protect what matters most. If you want to make sure your property is distributed according to your wishes—and not left to default state rules—we’re here to guide you every step of the way.

To receive an estate planning consultation with the Michigan estate plan attorneys at Boroja, Bernier & Associates, simply call 586-991-7611. Whether you’re ready to draft your will or you need help administering an estate without one, we’ll provide the trusted legal support you need.