What rights does a surviving spouse have in Michigan when a spouse dies without a will and the spouse’s family excludes you?

Short answer: As a surviving spouse in Michigan when your spouse dies intestate (without a will), state law gives you important rights to inherit, to ask the probate court to appoint you or another personal representative, to receive certain allowances and exempt property, and to seek emergency court relief if the decedent’s family is trying to take or hide assets. You can assert these rights in the local probate court even if the decedent’s family is trying to cut you out. This is general information, not legal advice—see the full disclaimer at the end.

Detailed answer: Michigan law and the surviving spouse

1. Intestate succession: how the estate is divided

When someone dies without a valid will in Michigan, the Estates and Protected Individuals Code (EPIC) controls how property passes. The basic rules are:

If the decedent is survived only by a spouse (no children or other descendants), the spouse inherits the entire intestate estate.
If the decedent is survived by a spouse and descendants, the spouse’s share depends on whether those descendants are also descendants of the surviving spouse:

If every descendant of the decedent is also a descendant of the surviving spouse (for example, all the children are mutual children), the spouse inherits the entire estate.
If the decedent has descendants who are not descendants of the surviving spouse (for example, the decedent had children from a prior relationship), the surviving spouse inherits a statutory share while the other children inherit the rest.

These core intestacy rules appear in the Michigan statutory scheme for intestate succession (see MCL 700.2101 et seq.). For the precise text and any detailed allocations, consult the EPIC provisions at the Michigan Legislature: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectName=mcl-700-2101

2. Family allowance, exempt property, and homestead protections

Michigan law provides immediate protections that help a surviving spouse live and preserve a basic household while the estate is being handled:

Family allowance (a short-term payment from the estate for the surviving spouse’s support during administration)
Exempt property (personal property the surviving spouse can claim free of administration—household items, clothing, etc.)
Homestead allowance or protections for the decedent’s residence in some circumstances

These allowances and exemptions are part of the probate statutes and are intended to prevent immediate hardship. See the probate administration and allowance provisions (EPIC) for details: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectName=mcl-700-3801

3. Right to participate in probate and to be appointed personal representative

When an estate must go through probate, anyone with an interest—especially a surviving spouse—has the right to appear in probate court. That includes the right to:

File a petition to be appointed personal representative (also called an executor/administrator) or to nominate someone you trust;
Object to another person’s appointment as personal representative if that person is unfit or acting improperly;
Request inventories, accountings, and copies of filings made in the estate;
File motions to stop the removal or dissipation of estate assets.

If the decedent’s family files papers excluding you, you can file your own petition in the probate court in the county where the decedent lived and ask the court to enforce your statutory rights and to appoint a personal representative. If you want to read the probate procedure statutes, start here: https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectName=mcl-700-3101

4. Emergency and equitable relief if family members are removing assets

If family members are taking money or property out of the decedent’s control (selling assets, transferring bank funds, changing locks, or otherwise disposing of assets), you may be able to get immediate relief from the probate court. Available emergency remedies can include:

Temporary restraining orders or injunctions to stop transfers;
An emergency hearing to appoint a temporary personal representative or custodian of assets;
A motion for an expedited accounting and inventory.

Act quickly—courts can grant interim remedies to preserve the estate while the court resolves who should administer it.

5. Challenging improper transfers or undue influence

If the decedent’s family obtained property by fraud, undue influence, or without legal authority after the death, you can ask the probate court to set aside those transfers and return assets to the estate. Evidence (bank records, witness statements, communications) is critical for these claims.

6. Practical limits and deadlines

There are deadlines for certain actions—creditor claims, filing for family allowances, and other probate-related steps. If you delay, some remedies could be harder to obtain. Promptly contacting the probate court or an attorney preserves more options.

How to protect your rights: a practical checklist

Obtain certified copies of the death certificate.
Gather documents that show marriage (marriage certificate), joint accounts, deeds, title paperwork, beneficiary designations, insurance policies, and recent bank statements.
Do not voluntarily sign away rights or transfer property without legal advice.
If the family is removing assets, preserve evidence (photos, messages, bank records) and seek an emergency hearing at the probate court.
File a petition in the decedent’s county probate court to be appointed personal representative or to request the court enforce your rights.
Ask the court for the statutory family allowance and exempt property if you need support while estate administration proceeds.
Keep organized records of all communications and transactions involving estate property.

When to get a lawyer

If the decedent’s family is actively excluding you, hiding assets, or transferring property you believe belongs to the estate, consult a probate or estate attorney right away. A lawyer can help you:

File emergency motions to freeze or recover assets;
Prepare petitions to be appointed personal representative or to remove a fiduciary for misconduct;
Negotiate settlements or represent you at contested hearings.

Where to find more information and forms

Start with the Michigan Legislature’s EPIC provisions on intestate succession and probate (these give the statutory framework for the rights summarized above):

Intestate succession (EPIC): https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectName=mcl-700-2101
Probate administration and allowances (EPIC): https://www.legislature.mi.gov/mileg.aspx?page=GetObject&objectName=mcl-700-3801
General probate court resources and local court contacts: https://courts.michigan.gov

Helpful hints

Act quickly. Probate remedies exist to prevent asset loss, but courts are more effective while assets still exist.
Certified death certificates are required for most transfers—get several copies from the funeral home or the county health department.
Check beneficiary designations on things like life insurance and retirement accounts—those pass outside probate and can bypass intestacy rules.
Be careful with informal agreements. Do not rely on promises from family members; get court-approved orders when possible.
Keep copies of every financial and legal document, receipts, and a timeline of events and communications involving estate property.
If you cannot afford a private attorney, ask the probate court clerk about local legal aid, volunteer lawyer programs, or low-cost clinics that handle probate matters.