What happens when you die without a will in Michigan?
When someone dies without a will in Michigan, they are considered to have died “intestate.” While this is more common than many people realize, it often creates unnecessary stress, confusion, and delays for surviving family members. Michigan law does provide a default plan for distributing assets, but that plan may not reflect what the deceased person actually wanted.
Understanding what happens when there is no will can help families avoid surprises and highlight why proper estate planning matters.
What Does It Mean to Die Intestate in Michigan
Dying intestate simply means passing away without a legally valid will. In these situations, Michigan’s intestacy laws determine how the estate is handled. Instead of personal wishes guiding decisions, state statutes control who inherits property, who manages the estate, and how long the process takes.
The probate court oversees the entire process, from appointing a personal representative to approving asset distribution. This court supervision often results in more time, more paperwork, and more expense than if a will had been in place.
Who Inherits Your Assets Without a Will
Michigan law sets out a specific order for distributing assets when there is no will. The outcome depends on which family members survive the deceased.
If the deceased was married and had no children, the surviving spouse generally inherits the entire estate. If there are children from the marriage, the spouse typically receives a portion of the estate, with the remainder divided among the children.
When the deceased has children from a previous relationship, the distribution becomes more complex. The surviving spouse may receive a fixed dollar amount plus a portion of the remaining estate, while the rest goes to the children. If there is no surviving spouse or children, assets pass to parents, siblings, and more distant relatives according to a statutory hierarchy.
Importantly, unmarried partners, stepchildren, close friends, and charities receive nothing under intestacy laws unless they fall into one of the legally recognized categories.
Who Manages the Estate
Without a will, there is no named personal representative. Instead, the probate court appoints someone to manage the estate. Priority is usually given to a surviving spouse or close family member, but disputes can arise if multiple people want the role or disagree about who is best suited.
The court-appointed personal representative must follow strict legal requirements, including inventorying assets, notifying creditors, paying debts, and distributing property according to Michigan law. This process can be overwhelming, especially for family members who are also grieving.
How Probate Works Without a Will
Probate is almost always required when someone dies intestate. The process begins by opening a probate case in the county where the deceased lived. The court appoints a personal representative, who then gathers assets, settles debts, and distributes the estate.
Because there is no will to guide decisions, probate often takes longer. Court approval may be required at more steps along the way, and disagreements among heirs are more common. This can significantly delay the closing of the estate and increase legal costs.
Common Problems Families Face
Dying without a will often creates issues that could have been avoided with basic estate planning. Family disputes are more likely, especially in blended families. Loved ones may be surprised by who inherits what, leading to resentment or legal challenges.
Minor children present another challenge. Without a will, there is no named guardian, leaving the decision to the court. While judges aim to act in the child’s best interest, the outcome may not align with the deceased parent’s wishes.
Additionally, the lack of clear instructions can result in higher administrative costs, reducing the overall value of the estate passed on to heirs.
How a Will Changes the Outcome
A properly drafted will allows individuals to decide who inherits their property, who manages their estate, and who cares for minor children. It can also streamline probate, reduce costs, and minimize conflict among family members.
While probate may still be required with a will, the process is usually faster and more predictable. Clear instructions reduce uncertainty and help families move forward with less stress.
When to Speak With an Estate Planning Attorney
If you want to control what happens to your assets and spare your loved ones unnecessary complications, creating a will is a critical step. An experienced Michigan estate planning attorney can help ensure your documents are legally valid, up to date, and aligned with your goals.
For families dealing with the death of a loved one who passed without a will, legal guidance can also be invaluable. An attorney at Harris & Literski can explain the probate process, protect your rights, and help navigate what can otherwise feel overwhelming.