What Happens if You Die Without a Will in Michigan?

Many people put off writing a will because they think they have time, or they assume their family will “just know” what to do. In Michigan, if you pass away without a valid will, the state decides how your assets are divided. That process is called intestate succession, and it often leads to results that people wouldn’t have chosen for themselves.

Whether you have a large estate or just a few key assets, not having a will can make things a lot more complicated for the loved ones that you leave behind. Here’s what really happens when someone dies without a will in Michigan, and why having one makes a big difference.

The Court Gets Involved

When someone dies without a will, their estate typically goes through a legal process called probate. This is where the court steps in to sort out debts, taxes, and distribution of property. If there’s no will, the court also appoints someone to act as the personal representative. That person is responsible for managing the estate, even if they don’t know your preferences.

Intestate Succession

In Michigan, the law lays out a strict order of who inherits your property when there’s no will. This process, called intestate succession, prioritizes the people who are closest to you by blood or legal relationship. Generally, your spouse and children are first in line. If you don’t have a spouse or kids, your estate would go to your parents, then siblings, then nieces and nephews, and so on, working its way through your family tree. The law doesn’t consider personal relationships, so friends, unmarried partners, and stepchildren aren’t included. If no relatives at all can be found, your property eventually goes to the State of Michigan.

Assets That Don’t Go Through Probate

It’s worth noting that not every asset is affected by intestate succession. Some assets bypass the probate process entirely and are listed below.

-      Life insurance with a named beneficiary

-      Retirement accounts

-      Joint bank accounts or joint property

-      Accounts with transfer-on-death or payable-on-death designations

These go directly to the named person, even if there’s no will. If you haven’t updated your beneficiaries in years, or never named one, that could create confusion or delays.

What about Minor Children?

One of the most overlooked consequences of dying without a will is what happens to your children if they’re under 18. Without a will, the court chooses a guardian, and while the judge will try to act in the child’s best interest, it may not be who you would have chosen.

Family members may disagree about who should raise your kids, and in some cases, the court might appoint someone based on availability, not closeness. Naming a guardian in your will gives you control over one of the most personal decisions you can make.

Common Problems When There’s No Will

Dying without a will can cause a variety of headaches for your family. Below are some of the possibilities.

Delays

Without written instructions, everything takes longer to sort out.

Family Conflict

When people don’t know your wishes, disagreements often arise.

Increased Costs

Extra time in court can mean more legal fees.

Unintended Outcomes

You might have wanted to leave something to a friend, stepchild, or charity, but none of these are included under Michigan’s intestacy laws.

Why a Will Matters

A will isn’t just for wealthy people, instead it’s for anyone who wants a say in how their life’s work is passed on. Even a simple will can let you choose who inherits your property, name guardians for your children, appoint a trusted person to manage your estate, and help your family avoid confusion and legal battles.

Dying without a will means leaving your estate up to a set of legal formulas that don’t account for personal relationships, preferences, or special circumstances. If that doesn’t sit right with you, the best thing you can do is create a will and keep it updated. Leydorf Law Firm is here to help walk you through the process, help you avoid common pitfalls, and make sure your wishes are clearly documented. It’s a small step that can save your family heartache down the road.