Michigan Heirship Without A Will

Category:
State:
Michigan
Control #:
MI-02501
Format:
Word; 
Rich Text
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Description

The Michigan Heirship Affidavit is a legal form used when a resident dies without leaving a will, clarifying the distribution of their estate. This affidavit enables individuals who are familiar with the decedent’s family and relationships to declare who the rightful heirs are according to Michigan law. Key features include sections for detailed identification of the affiant and the decedent, the relationship to the deceased, and a list of potential heirs including children, spouses, and other relatives. Filling out the form requires inserting specific personal information, and it should be notarized to ensure authenticity. Attorneys, paralegals, and legal assistants may find this form particularly useful in probate cases, as it helps streamline the process of estate distribution by providing necessary evidence of heirship. This form can also assist in clarifying any potential disputes among family members regarding inheritance rights. By carefully answering questions related to the decedent’s family structure and assets, legal professionals can help clients navigate the complexities of estate administration in Michigan.
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Affidavit

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FAQ

Children in Michigan Inheritance Law Intestate Succession: Spouses and ChildrenChildren, but no spouse? Children inherit everythingSpouse and children with that spouse and children from other relationship? Spouse gets first $150,000 of intestate estate value, plus 50% of the balance ? Descendants inherit everything else4 more rows ? 16-Nov-2022

Dying Without a Will in Michigan Upon the opening of the probate process, the Michigan probate court will appoint a personal representative for the estate. This person will carry out the same duties that the executor would?had there been a will.

Jointly-owned property will pass automatically to the co-owner and accounts with designated beneficiaries. Such assets will avoid the probate process. However, everything you own in your name alone will go through probate.

If the parents survive and there is no spouse or children, 100% of the estate passes equally to both parents, or the total goes to the surviving parent. If there are children and no surviving spouse, then 100% of the estate passes to the children.

Broadly speaking, Michigan law gives highest priority to the surviving spouse of the decedent, followed by their children and grandchildren, then parents and siblings, followed by more distant relatives.

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Michigan Heirship Without A Will