Understanding how intestate succession works
Given inflation and uncertainty about the economy, job market and other factors, many families have had to prioritize and make hard decisions about their expenses. In this environment, it may seem like a will or other estate plan is the last priority, especially since it’s focused on a time when you pass away, which may be decades in the future.
Estate planning is also easy to put off, because it’s a difficult subject. Coming face to face with your own mortality, imagining a time when you’re no longer here and what that will mean for your family, and how your estate should be settled, are topics that many would rather postpone.
However, when you haven’t taken the steps to clearly outline your specific wishes through a will or other estate plan, it may be left to the State of Michigan and probate court to sort out.
Without a will or other estate plan in place, estates are typically subject to intestate succession laws.
These laws outline specific rules that determine the hierarchical order of your heirs, and how assets will be distributed.
Intestate (will-less) succession in the State of Michigan
The specific rules outlined by these laws depend on two main factors: marital status and biological relationships, which include:
Children (biological or from a blended family)
Parents
Siblings
Other family members
Some people assume that if they’re married, then their spouse will get everything, but this is only true in certain cases. As you add in more potential heirs from the family, it becomes increasingly complex, and the assets may be split among multiple parties, with a specific amount or percentage going to each.
Current intestate succession rules
These laws can change over time, and there are other factors, such as a cost-of-living percentage that the state can add. However, these can give you a good idea of how the different heir combinations work in many cases:
Children with no spouse: Your children inherit everything.
Spouse but no children or parents: Your spouse inherits everything.
Spouse and biological children from you and that spouse: Your spouse inherits the first $293,000 (in 2025) of your intestate property, plus 1/2 of the balance. Then your children inherit everything else.
Spouse, at least one child from you and that spouse, and at least one child from another relationship: Your spouse inherits the first $293,000 (in 2025) of your intestate property, plus 1/2 of the balance. Your children inherit everything else.
Spouse, no children from you and that spouse, and at least one child from another relationship: Your spouse inherits the first $195,000 (in 2025) of your intestate property, plus 1/2 of the balance. Your children inherit everything else.
Spouse and parents: Your spouse inherits the first $293,000 (in 2025) of your intestate property, plus 3/4 of the balance. Your parents inherit everything else.
Parents but no spouse or children: Your parents inherit everything.
Siblings but no spouse, children, or parents: Your siblings (and children of any deceased siblings) inherit everything.
However, while these rules seem fixed, the probate process on an estate that’s subject to intestate succession may not be straightforward. For example, a family member could argue that the deceased did have a will or otherwise made their wishes known. There could be a challenge to the personal representative (the person who is appointed to settle the estate) or based on other legal grounds.
Assets that may bypass intestate succession
All assets aren’t subject to intestate succession laws. These include ones that are:
Jointly owned
Held in a trust
Set up to include a direct beneficiary, such as life insurance
With all of the confusion surrounding these types of succession issues, your best chance at helping your loved ones avoid probate court is by clearly defining your wishes through a will or other estate plan. Not sure where to start? Follow these tips to get organized and start the process.
Call (810) 207-6670 or complete our online form to request a free phone consultation.
Buzz Suuppi
Buzz started The Plan Firm for his family, which is everything to him. Every member of his team is committed to providing effective estate planning and related solutions for families in St. Clair County, Michigan.