Estate Against Fortune In Michigan
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But if a person dies without a will, Michigan probate laws defines what happens next. 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.
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
While spouses, then children, generally take precedence in Michigan inheritance law, there are some laws of succession should you die intestate without either of those heirs. For example, if you are unmarried without children and die intestate, your parents inherit your entire estate.
If you have children or grandchildren who are not related to your spouse, the spouse will instead receive the first $100,000 of the estate and half of the rest. If you have no spouse or descendants, your estate would either go to your parents or be split equally among siblings.
Michigan does not have an inheritance tax.
However, your spouse typically will receive 100% of the estate if you die without parents or descendants. If you have a spouse and surviving parents, your spouse typically will receive the first $150,000 of the estate and 75% of the balance. The rest goes to your parents.
Estate OVER $24,000: If a Wayne County resident has died leaving property in their name only and the property is over $24,000, the closest relative or person named in the will may file a petition to have the estate probated.
Although there is no specific deadline in Michigan to probate an estate, this does not mean that you should not act quickly to complete the process. Acting promptly avoids potential complications and helps ensure smooth completion of the Michigan probate process.
The order from highest to lowest priority is: The person named as personal representative in decedent's will. The decedent's surviving spouse if the spouse is a devisee. Other devisees of the decedent. The decedent's surviving spouse (not a devisee) Other heirs of the decedent (not devisees)
