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Dying Without A Will

MCL 700.2102 — the spouse's share, from all of it to the first $150,000 plus half

Who else survivesThe surviving spouse takes
Who else survivesNo descendant or parentThe surviving spouse takesThe entire intestate estate
Who else survivesNo descendant, but a parentThe 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 othersThe surviving spouse takesThe first $150,000, plus one-half of the balance
Who else survivesDescendants, some but not all of them the spouse'sThe surviving spouse takesThe first $150,000, plus one-half of the balance
Who else survivesDescendants, none of them the spouse'sThe surviving spouse takesThe first $100,000, plus one-half of the balance
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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)
  1. MCL 700.2102 — Intestate share of decedent's surviving spouse
  2. 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.

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