Dying Without A Will
MCL 700.2102 — the spouse's share, from all of it to the first $150,000 plus half
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo descendant or parent | The surviving spouse takesThe entire intestate estate |
| Who else survivesNo descendant, but a parent | The surviving spouse takesThe first $150,000, plus three-quarters of the balance |
| Who else survivesDescendants who are all the spouse's, whether or not the spouse has others | The surviving spouse takesThe first $150,000, plus one-half of the balance |
| Who else survivesDescendants, some but not all of them the spouse's | The surviving spouse takesThe first $150,000, plus one-half of the balance |
| Who else survivesDescendants, none of them the spouse's | The surviving spouse takesThe first $100,000, plus one-half of the balance |
The dollar amounts are adjusted as another section of the Code provides.
- What does not go to the spouse, or all of it if there is none, goes to the descendants.
- With none, to the parents equally, or the surviving parent.
- With neither, to the parents' descendants.
- Then half to each side's grandparents or their descendants, and all to one side if the other has none.
Sources for this section (2)
- MCL 700.2102 — Intestate share of decedent's surviving spouse
- MCL 700.2103 — Share of heirs other than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.