When Someone Dies Without a Will in Michigan: Who Inherits and How Probate Works

A look at what happens in Michigan when someone dies without a will: who inherits under the law, the surviving spouse's share, the 120-hour rule, which property passes outside probate, the small-estate options, and what to gather and avoid.

Who inherits when someone dies without a will in Michigan?

When someone dies without a will, Michigan's Estates and Protected Individuals Code decides who inherits. A surviving spouse usually receives all or a large share. Whatever does not go to the spouse passes to the person's descendants, such as children, and if there are none, to parents, then siblings and their descendants, then more distant relatives.

The Spouse's Share

The rules start at MCL 700.2101. The spouse's share depends on who else survives:

The spouse receives everything if the person who died left no descendants and no surviving parent.
In every other situation, the spouse receives a set dollar amount first, plus a half or three-quarters of the rest, depending on whether there are children from other relationships or a surviving parent.

Those dollar amounts are written into MCL 700.2102 and are adjusted for inflation each year under MCL 700.1210, so check the current figures for the year of death.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Who inherits if there is no surviving spouse?

If there is no surviving spouse, the estate passes first to the person's descendants, then to parents, then to brothers and sisters and their descendants, and then to grandparents' families.

That order comes from MCL 700.2103. "By representation" means that if a child died before the parent, that child's own children generally step into their parent's share. If no relatives qualify, the estate can pass to the State of Michigan (MCL 700.2105).

What is the 120-hour rule?

To inherit without a will in Michigan, an heir must outlive the person who died by 120 hours, or five days.

Under MCL 700.2104, if it cannot be shown by clear and convincing evidence that an heir survived by 120 hours, the heir is treated as having died first. This matters most when family members die close together, such as in the same accident.

Property That Passes Outside Probate

Not everything goes through the intestate rules. Jointly owned property with survivorship rights, accounts and policies with a named beneficiary, and property held in a trust usually pass directly to the named person or co-owner. The intestate rules cover only what is left in the person's own name with no beneficiary. Sorting out which is which is often the first job.

What if the estate is small?

For deaths in 2026, Michigan's small-estate limit is $53,000, and estates under that amount may be able to use simpler procedures instead of a full probate case.

There are two main options. With no real estate, a successor may be able to collect property using a sworn statement, or affidavit, once 28 days have passed since the death (MCL 700.3983). The probate court can also order property turned over to the spouse or heirs after funeral and burial expenses are addressed (MCL 700.3982). Both limits are adjusted every January. My estate administration guide explains these steps in more detail.

Opening a Probate Estate

Larger estates, and estates that include real estate, are usually opened in the probate court for the county where the person lived. For Downriver, that is the Wayne County Probate Court. For Monroe County, it is the Monroe County Probate Court. A personal representative is appointed to gather assets, pay valid debts and expenses, and distribute what is left to the heirs under the intestate rules. Heirs can be asked to agree on who serves, and the court has rules about who has priority.

What to Gather, What to Avoid, and the Bottom Line

Gather the death certificate, a list of the person's bank accounts, vehicles, real estate, retirement accounts, and life insurance, any deeds or titles, recent statements, and the names and addresses of the spouse, children, and other close relatives. Note whether any account names a beneficiary or a joint owner.

What not to do:

Do not move, sell, or spend the person's property before someone has legal authority.
Do not pay debts out of your own pocket without understanding the order of payment.
Do not assume a verbal promise changes who inherits. Without a will, the statute controls.
Do not file a small-estate affidavit if the estate is over the limit or includes real estate.

Without a will, Michigan law decides who inherits. Knowing who the heirs are and what is in the estate tells you which process fits.

How I Can Help

If a loved one died without a will in Downriver (Wayne County), Monroe County, or nearby, I can help you identify the heirs, choose the right process, and guide you through probate court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.