When someone dies without leaving a will, they die “intestate.” In Michigan, the state’s intestacy laws dictate how the court distributes the deceased’s property and assets. This process often creates complexities, especially when multiple heirs or contested claims arise.
At Brown Borkowski & Morrow, our attorneys assist personal representatives and heirs in understanding how Michigan intestacy laws apply to their unique circumstances. For more information about what happens if there is no will, please call us at 888-757-1681 or fill out our contact form to schedule an appointment.
How Michigan’s intestacy laws work
Michigan law uses a set order to decide who inherits the deceased’s assets. A surviving spouse without children typically inherits the entire estate. If children exist, the spouse shares the estate with them. The portion each receives depends on whether the children also belong to the spouse or come from another relationship. When no spouse survives, the closest relatives, such as children, parents, siblings, or extended family, inherit the estate.
The role of the probate court
Probate court manages the distribution of assets for someone who dies intestate. The court assigns a personal representative, often called an administrator, to manage the estate. This representative locates assets, pays debts, and distributes the remaining property according to Michigan’s intestacy laws. The probate process ensures fairness for creditors and heirs but often requires significant time and expenses.
Challenges of dying without a will
Dying without a will often triggers disputes among family members, especially when disagreements over property division arise. Intestate succession may fail to align with the deceased’s wishes, leaving loved ones feeling overlooked or frustrated. Furthermore, intestacy laws exclude non-family members or charitable organizations the deceased might have wanted to benefit.
Why creating a will matters
A will eliminates uncertainty and ensures the deceased’s wishes direct the distribution of assets. It reduces family conflict, lowers probate costs, and allows individuals to allocate assets to specific people or organizations. Drafting a valid will provides loved ones with a smoother process and prevents the complications of intestacy.
Drafting a will may seem overwhelming, but it represents a vital step in protecting loved ones and preserving a legacy. Consult an experienced estate planning attorney to receive guidance and peace of mind.
Contact a Michigan probate attorney today
If your loved one passed away without a will, Brown Borkowski & Morrow provides experienced probate representation across Michigan. Call today at 888-757-1681 or fill out our online form to schedule a free consultation.