Inheritance Without a Will in Michigan If you die without a will in Michigan, also known as intestate, state law and the probate court will control the distribution of your estate. Your assets will be distributed to legally recognized beneficiaries according to intestacy succession law.

Does property go to spouse after death?

Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will.

Does surviving spouse inherit everything in Michigan?

The Spouse’s Share in Michigan. In Michigan, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants — children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property.

Is an inheritance considered marital property in Michigan?

In Michigan, the court does have the discretion to consider an inheritance to be separate or marital property. However, if a spouse receives an inheritance and then combines or “co-mingles” the asset with marital property, the inherited asset is likely to be viewed as having become the property of both parties.

What happens to intestate property when you die in Michigan?

In Michigan, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants — children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property.

What happens to your property when your spouse dies?

Couples commonly own property jointly with the right of survivorship. This is most common for the marital home. For such property, when one spouse dies, the property automatically transfers to the surviving spouse. This transfer takes place outside the probate process. It is also unnecessary to issue a new deed.

What to do after the death of your spouse in Michigan?

Immediately after the Death of Your Spouse in Michigan: Contact funeral home / church for funeral arrangements. Notify immediate family members and friends of your loss and ask that they notify their friends and family members.

What are the rights of a surviving spouse in Michigan?

A surviving spouse in Michigan is also entitled to additional allowances, such as the family allowance to provide support during the administration of the estate. The family allowance must be reasonable (limited to one year if the estate is insolvent) and is capped at $18,000. The court can increase the family allowance upon a petition.