About Michigan,
Michigan follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Michigan intestate law (MCL 700.2102) determines your share. The small-estate threshold is $53,000 (2026 estimate, adjusted periodically; statute base references 50000 with adjustment)., and typical probate takes 7-12 months.
Michigan does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Michigan classifies marital property and what a surviving spouse typically receives if there is no will.
How Michigan Classifies Marital Property
Common Law (Equitable Distribution)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | The entire intestate estate. |
| Children from marriage | The first $150,000, plus 1/2 of any balance of the intestate estate. |
| Children from prior relationship | The first $100,000, plus 1/2 of any balance of the intestate estate. |
50% of the decedent's marital property (MCL 700.2202)
Deadline to File
- Michigan filing window
- 63 days from the service of the inventory or presentment of claims
Home Protections for Surviving Spouses
Michigan provides a homestead allowance of $15,000 (adjusted for inflation to $24,000 as of 2020), a family allowance for support during estate administration, and exempt personal property up to $10,000 (adjusted for inflation to $16,000 as of 2020). The relevant statutes are MCL 700.2402, 700.2403, and 700.2404.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $53,000 (2026 estimate, adjusted periodically; statute base references 50000 with adjustment). |
| Typical probate timeline | 7-12 months |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Michigan does not have a state estate tax or an inheritance tax. |
Deadlines You Cannot Afford to Miss
Michigan-Specific Rules
Michigan has abolished dower and curtesy. The elective share has taken their place. Additionally, Michigan law provides for 'half-relatives' to inherit as if they were 'whole' relatives in intestate succession cases.
Michigan Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Michigan.
- Is Michigan a community property state?
- Michigan is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution)
- What does a surviving spouse inherit without a will in Michigan?
- No children: The entire intestate estate. With children: The first $150,000, plus 1/2 of any balance of the intestate estate. Stepchildren or children from a prior relationship: The first $100,000, plus 1/2 of any balance of the intestate estate.
- What is the elective share right in Michigan?
- 50% of the decedent's marital property (MCL 700.2202) Deadline: 63 days from the service of the inventory or presentment of claims
- What is the small-estate threshold in Michigan?
- $53,000 (2026 estimate, adjusted periodically; statute base references 50000 with adjustment).. Typical probate timeline: 7-12 months
- Does Michigan have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Michigan does not have a state estate tax or an inheritance tax.
- What deadlines matter most for widows in Michigan?
- Elective share deadline: 63 days from the service of the inventory or presentment of claims.
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Michigan.
For Widows
Support Beyond the Paperwork
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