Detailed Answer
Under Michigan’s Wrongful Death Act, any recovery flows through the decedent’s estate and follows statutory distribution rules. A personal representative brings the claim under MCL 600.2922. After negotiating or obtaining a judgment, the court oversees how to distribute net proceeds.
Appointing a Personal Representative
The probate court appoints the personal representative under MCL 700.3703. This individual manages the estate, files necessary paperwork, and ensures proper notice to heirs.
Distribution Tiers Under MCL 600.2922
- Surviving spouse only: 100% to spouse.
- Spouse and one child: split 50/50.
- Spouse and multiple children: spouse receives one-third; children share two-thirds equally.
- No spouse, but children: children share equally; minors are represented by guardians.
- No spouse or children: parents inherit equally.
- No parents: siblings or their descendants inherit per stirpes.
Court Approval and Final Distribution
The personal representative submits the proposed distribution plan to probate court. The court reviews attorney fees, expenses, and fairness of shares. Once approved, funds disburse to the designated heirs.
Handling Minor Beneficiaries
Minors cannot receive large sums directly. The court may require a guardian or conservator under MCL 700.5201. This ensures proper management until age of majority.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Obtain certified copies of birth, marriage, and death certificates to verify heirs.
- Create a clear family tree document to identify all potential beneficiaries.
- File a wrongful death claim promptly—statute of limitations is typically three years under MCL 600.5805.
- Keep detailed records of all estate expenses and distributions.
- Work with an experienced probate or estate attorney to navigate court procedures.