Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a valid will, Michigan law follows the rules of intestate succession under the Estates and Protected Individuals Code (EPIC). “Intestate” means there is no will directing how the estate should be distributed.
Under Michigan law, if the decedent leaves no surviving spouse but does leave descendants (children), the entire probate estate passes equally to those children. In your scenario—no spouse and two children—each child inherits 50% of the probate assets.
Key steps and rules:
- Statutory Authority: MCL 700.2103 governs distribution to children and descendants. See MCL 700.2103.
- Personal Representative: A court-appointed personal representative (formerly “executor”) must open probate in the county where the decedent lived. That person gathers assets, pays debts, and distributes the remainder.
- Equal Shares: With two children, each child is entitled to an equal one-half share of the estate’s net value after debts and expenses.
- Minor Children: If a child is under age 18, the court may require a guardian or trustee to manage that share until the child reaches legal age.
- Debts and Costs: Creditors and administrative costs are paid before distributions. If debts exceed assets, beneficiaries may receive little or nothing.
Helpful Hints
- Identify all heirs: Obtain certified birth certificates to prove parent–child relationships.
- File a probate petition promptly: Timely court appointment of a personal representative prevents delays.
- Gather documentation: Assemble bank statements, deeds, vehicle titles and life insurance policies.
- Consider professional help: A probate attorney or estate planner can guide you through complex filings and creditor claims.
- Watch deadlines: Michigan imposes time limits on creditor claims and estate accountings.
- Plan ahead: Even a simple will can avoid intestate outcomes and ensure smoother asset transfers.