Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you die without a valid will in Michigan, your estate passes through the intestate succession rules found in the Michigan Estates and Protected Individuals Code (EPIC). Under MCL 700.2101, a decedent who did not leave a valid will or whose will fails to dispose of all property is considered intestate. The probate court appoints a personal representative to collect assets, pay debts, and distribute property according to a statutory order.
Order of Distribution
- Surviving spouse, no descendants: The spouse inherits the entire estate (MCL 700.2103).
- Spouse and descendants all from spouse: The spouse inherits the entire estate (MCL 700.2105).
- Spouse and descendants not all from spouse: The spouse receives the first $150,000 plus half of the remaining estate; descendants share the rest (MCL 700.2104).
- Descendants only, no spouse: Descendants share the estate equally (MCL 700.2106).
- No spouse or descendants: Parents inherit equally (MCL 700.2107). If parents are deceased, siblings or their descendants inherit (MCL 700.2108).
- No heirs: The estate escheats to the state (MCL 700.2502).
Appointment of a Personal Representative
The probate court appoints a personal representative under MCL 700.3404. Priority goes to family members and heirs. The representative must inventory assets, pay valid claims, and distribute assets according to the statutes.
Helpful Hints
- File for probate in the county where the decedent last lived.
- Gather documentation of all assets and debts early.
- Identify all potential heirs before distribution.
- Search for valid wills in safe-deposit boxes or with family.
- Consult a probate attorney if the estate has complex assets or disputes.
- Consider drafting a will to avoid intestacy rules.
- Check for joint ownership or beneficiary designations that may override intestacy.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change over time. For guidance on your specific situation, consult a qualified attorney.