Many Michigan residents believe that if they pass away without an estate plan, their assets will “automatically go to family.” Unfortunately, that’s not always true. When someone dies without a valid estate plan, their estate is handled under Michigan’s intestate succession laws, which may distribute property very differently from what they intended. At Dakroub Law Group, we help families avoid these unexpected outcomes by creating legally sound estate plans. Here’s what really happens if you pass away without an estate plan in Michigan.
Understanding Michigan’s Intestate Succession Laws
Michigan’s Estates and Protected Individuals Code (EPIC) outlines exactly how property is divided if no estate plan exists. The probate court appoints a personal representative (executor), and assets are distributed according to a strict order of priority – not personal wishes.
Who Inherits Under Michigan Law
• If you are married with no children or parents: Your spouse inherits everything.
• If you have children but no spouse: Your children inherit everything equally.
• If you have both a spouse and children: Your spouse receives the first portion (as defined by statute) and part of the balance; the rest goes to your children.
• If you are unmarried with no living family: Your estate may eventually go to the State of Michigan (called escheat).
These rules often cause tension between surviving spouses, children from prior marriages, or extended relatives.
Why Relying on State Law Is Risky
The state’s formula doesn’t consider personal relationships, stepchildren, or charitable wishes. It also requires probate court involvement, which can take months or even years.
Tip: Having a valid Michigan estate plan such as a Trust or a Lady Bird Deed ensures your chosen heirs, not the court, control what happens to your estate.
Other Problems Without an Estate Plan
• The court appoints your executor — not you.
• Minor children may have guardians chosen by the court.
• Property could be sold to pay debts rather than distributed.
• Family disputes are more likely.
Conclusion:
Passing away without an estate plan means letting the State of Michigan make decisions for you. Creating a legally valid estate planning documents now prevents confusion and protects your loved ones later. Just remember, a Will is not always enough because a Will alone does not avoid probate court. Trusts, Lady Bird Deeds and other estate planning documents help avoid probate court.
At Dakroub Law Group, we help Michigan residents draft clear, enforceable estate planning documents that comply with EPIC and reflect their exact wishes.
📞 Call (313) 315-6300 or visit www.dakroublaw.com to schedule your consultation.