Detailed Answer — How to claim your share of a parent’s estate in Michigan when they die without a will
If your mother died without a will (intestate) in Michigan, the estate passes according to Michigan’s intestacy rules. This article explains who inherits, how to establish your right to a share, and practical steps to claim that share under Michigan law. This is an educational guide, not legal advice.
Who inherits when someone dies intestate in Michigan?
Michigan’s probate law sets a priority order of relatives who inherit when someone dies without a will. Generally:
- If the decedent is survived only by children (and no spouse), the children inherit equally.
- If the decedent is survived by a spouse and descendants, the estate is divided between the spouse and the descendants under the rules in the Estates and Protected Individuals Code. For the precise statutory allocation and special situations (adopted children, predeceased children leaving grandchildren, blended families, etc.), see the Michigan intestate succession statutes.
See Michigan’s intestacy statutes for full rules: MCL 700.2102 and MCL 700.2103.
Step-by-step: How to claim your share
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Confirm intestacy and identify heirs.
Obtain a certified copy of the death certificate and confirm your mother did not leave a valid will. Talk with close relatives about whether other heirs exist. Michigan’s intestacy statutes above determine who qualifies as an heir.
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Locate assets and beneficiaries.
Make an inventory of bank accounts, real estate, retirement accounts, life insurance, and personal property. Some assets may pass outside probate (payable-on-death accounts, joint tenancy property, or accounts with beneficiary designations). These pass directly to the named co-owner or beneficiary and are not governed by intestacy rules.
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Determine if probate is required.
Probate is often required to transfer title to assets in the decedent’s name. Whether you must open a probate estate depends on the assets’ types and value. In many cases you or another heir will need to file with the probate court to appoint a personal representative (executor) to administer the estate.
For information about opening an estate and probate process in Michigan, see the Michigan Courts’ probate information: Michigan Courts — Probate.
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Ask who is (or file to appoint) the personal representative (PR).
If someone has already petitioned the probate court to be appointed PR, that person will be responsible for gathering assets, paying debts, and distributing the estate to heirs per Michigan law. If no one has filed, an interested person (usually an heir) can petition the probate court to be appointed personal representative.
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Provide documentation to the personal representative or probate court.
You will generally need to prove your identity and relationship to the decedent (birth certificate, your mother’s birth certificate, or other proof). The PR will ask heirs to submit proof so they can prepare distributions.
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Receive your share or pursue a court-ordered distribution.
If the PR is cooperative, they will calculate shares according to statute and distribute assets after liabilities and taxes are handled. If the PR refuses to act or there is a dispute about heirs or distribution, an interested person can ask the probate court to resolve the issue — for example, by filing a petition to compel distribution, remove a PR, or determine heirs.
Practical examples
– If your mother left only children and no spouse, Michigan law generally divides her probate estate equally among the children.
– If your mother left a surviving spouse and children, Michigan law divides the estate between the spouse and the descendants under the statutory scheme; consult MCL 700.2102 and MCL 700.2103 for the exact rules that apply to your situation.
When you might not need full probate
Some assets transfer without probate:
- Property held jointly with right of survivorship.
- Accounts or policies with named beneficiaries.
- Small-claims procedures or simplified estate procedures may apply in limited circumstances — check with the local probate court.
What if there is a dispute?
Common disputes include challenges to who is an heir, claims of unequal distribution, or claims of mismanagement by a PR. The probate court resolves these disputes. Keep records of communications and documents. If relationships are strained, consider mediation or consulting an attorney experienced in Michigan probate and estate litigation.
Key documents you will likely need
- Certified death certificate (multiple copies).
- Your identification (driver’s license or passport).
- Proof of relationship (birth certificates, adoption records).
- Titles and account statements for assets (real estate deeds, bank/retirement statements, life insurance policies).
- Any documents that indicate transfers-on-death, joint ownership, or beneficiary designations.
Where to get help
– Contact the local probate court clerk for procedural information about opening an estate or filing a petition. See Michigan Courts probate resources: Michigan Courts — Probate.
– If the estate is complex or contested, consider a probate attorney to protect your rights and ensure proper court filings.
Disclaimer
This information is for educational purposes only and does not constitute legal advice. Laws change and every situation differs. To understand how Michigan law applies to your specific situation, contact a qualified Michigan probate attorney or your local probate court.
Helpful Hints
- Get several certified copies of the death certificate early — banks and agencies often require originals.
- Ask the personal representative for an inventory of estate assets and a proposed distribution plan in writing.
- Preserve important records: correspondence, account statements, deeds, and titles.
- If you are an heir but the PR is not acting, contact the probate court about filing a petition to compel action or to be appointed PR yourself.
- Don’t assume assets automatically pass to heirs — check beneficiary designations and ownership forms.
- When in doubt, consult the probate court clerk for local forms and procedural rules and refer to Michigan’s intestacy statutes: MCL 700.2102 and MCL 700.2103.