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Guide · Probate · Updated June 2026
What Happens If You Die Without a Will in Michigan?
If you die without a will in Michigan, state law — not you — decides who inherits. Here’s exactly what happens.
Dying without a will is called dying “intestate.” When that happens in Michigan, the state’s intestacy laws take over and a probate court distributes your estate by a fixed formula — regardless of what you would have wanted.
Michigan’s intestacy laws decide for you
Instead of your wishes, a statute controls who gets what. That can mean assets pass to relatives you wouldn’t have chosen, or are split in ways that surprise your family.
Who typically inherits
- A surviving spouse usually receives the largest share — but not always everything, especially if you have children from another relationship or surviving parents.
- Children (or their descendants) share what the spouse doesn’t receive.
- With no spouse or children, the estate passes to parents, then siblings, then more distant relatives.
The court appoints your representative
Without a will naming a personal representative, the probate court appoints someone to administer your estate — and names a guardian for minor children. These are decisions you’d almost certainly rather make yourself.
How to avoid all of this
A simple, valid will — or a living trust — keeps these decisions in your hands. It’s one of the most important things you can do for the people you love.
You don’t have to leave it to a formula. A short conversation with a Michigan attorney can put a plan in place that reflects your actual wishes.
Don’t leave it to the state
Get matched with a vetted Michigan estate planning attorney — free, with no obligation.