Detailed Answer
When a person dies without a valid will, Michigan’s intestate succession laws determine who inherits their property. To identify your father’s heirs, follow these key steps:
- Locate the probate court file. Contact the probate court in the county where your father lived. Review the petition for appointment of personal representative and any preliminary heir designations.
- Determine whether a surviving spouse exists. Under MCL 700.2105, a surviving spouse often takes all or a significant portion of the estate. If your father was married at death, the spouse’s share depends on whether he left children.
MCL 700.2105 - Identify children and other descendants. Michigan distributes remaining assets to children and their descendants per stirpes (by branch). If a child predeceased your father, that child’s share passes to his or her own children.
MCL 700.2107 - Check for parents and siblings. If your father had no surviving spouse or descendants, his parents inherit equally. If a parent predeceased him, that parent’s share passes to your father’s siblings per stirpes.
MCL 700.2109 - Consider more remote relatives. If there are no close relatives, Michigan law looks next to grandparents, aunts, uncles and their descendants, and then to the state if no relatives exist.
- Build a family tree. Gather birth, death and marriage certificates. Check adoption records. Identify step-relatives and half-siblings. An accurate genealogy ensures every eligible heir is counted.
- File the final inventory. The personal representative submits a detailed list of heirs and assets to the probate court. The court confirms the heirs before distributing the estate.
Helpful Hints
- Start by reviewing personal papers and asking close family members about relatives.
- Use online genealogy tools and public records for missing birth or death dates.
- Consult the county clerk for certified copies of key certificates.
- Verify adoptions to determine legal parent-child relationships under MCL 700.2101.
- Check for half-siblings—Michigan treats half- and full-blood siblings equally for inheritance.
- Work with the appointed personal representative or solicitor to confirm heir lists before distribution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.