Detailed Answer
When a person dies without a valid will in Michigan, they are considered to have died intestate. The Michigan Estates and Protected Individuals Code (EPIC) governs how the estate distributes. Without a surviving spouse, the entire estate passes equally to the decedent’s children under MCL 700.2103. In this scenario, with no spouse and three living children, each child inherits one-third of the intestate estate.
First, a personal representative must be appointed by the probate court under MCL 700.3702. The personal representative gathers assets, pays debts and taxes, and files an inventory with the court. Once all claims and expenses are settled, the remaining assets are distributed to the heirs.
Children eligible for inheritance include biological and legally adopted children. If one child predeceases the decedent but leaves children of their own, those grandchildren inherit per stirpes. Stepchildren who were not legally adopted generally do not inherit under intestacy rules.
Minor children may need a guardian or trustee to manage their share until they reach adulthood. The probate court can appoint a guardian or approve a trustee for each child’s share.
Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a licensed Michigan attorney.
Helpful Hints
- Identify all potential heirs, including adopted children, before petitioning probate.
- Review debts and claims against the estate within the time limits set by MCL 700.3805.
- Consider a small estate affidavit under MCL 700.2801 if assets fall below the statutory threshold.
- Appoint a guardian or trustee if inheritors are minors to protect their interests.
- Keep detailed records of all assets, debts, and distributions for court filings.
- Consult an estate attorney early to navigate probate procedures efficiently.