Detailed answer — How children (and their descendants) inherit under Michigan intestacy rules

When a Michigan resident dies without a will, the state’s intestacy rules decide who gets the estate. If the decedent is survived by children, those children (and, in many cases, the children’s descendants) are the primary heirs. Below is a clear, step-by-step explanation of how the estate is divided among children and their lines under Michigan law.

1) Surviving children share the decedent’s intestate estate equally

If the decedent is survived by two or more children and none of those children predeceased the decedent leaving descendants, each surviving child receives an equal share of the intestate estate.

2) If a child died before the parent, that child’s descendants step into the child’s place (representation)

When a child dies before the parent but leaves children (the decedent’s grandchildren), those grandchildren inherit the share the deceased child would have received. This is commonly called inheritance by representation (often described as “per stirpes” distribution). The grandchildren divide their deceased parent’s share equally among themselves. This rule keeps inheritance “by family branch” rather than redistributing shares among the surviving siblings.

For a legal statement of distribution to descendants and representation rules, see Michigan’s intestacy provisions: e.g., the Estates and Protected Individuals Code sections on distribution of intestate estates (MCL chapter 700, article 2). A useful court resource is Michigan Courts’ summary on intestate succession: https://courts.michigan.gov/Administration/SCAO/Pages/Probate/Intestate-Succession.aspx. The statutory text is available via the Michigan Legislature: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-2103

3) Example scenarios (hypothetical facts)

Example A — Two surviving children, no deceased child with descendants: If Alex dies leaving two living children, each child gets 50%.

Example B — One surviving child, one deceased child who left two children: If Alex’s child Blake predeceased Alex but Blake left two kids (Cody and Dana), and Alex’s other child Erin survives, the estate divides into two equal parent-generation shares: Erin receives 50%; Blake’s family receives 50% split equally between Cody and Dana (25% each).

Example C — A deceased child left no descendants: If a child predeceases the decedent and leaves no descendants, that child’s line takes nothing and the shares are divided among the remaining heirs according to the statutory order.

4) Adopted children, biological children, and posthumous children

Michigan generally treats legally adopted children as children of the adoptive parent for inheritance. Biological children, children born out of wedlock, and the rights of posthumous children may have special rules; parentage and adoption statutes control those outcomes. See the Estates and Protected Individuals Code and related parentage statutes for details (search MCL chapter 700 and related family law statutes). A statutory gateway: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-2101

5) What if the decedent left a surviving spouse in addition to children?

When a surviving spouse exists, Michigan law defines the spouse’s intestate share first and then the children’s shares (if any) receive the remainder or share as specified by statute. The exact split depends on whether the deceased spouse had surviving descendants who are also descendants of the surviving spouse. These spouse-versus-children rules are in the intestacy statutes; see the relevant statute provisions at the Michigan Legislature site: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-700-2103

6) Order of priority if there are no surviving children or descendants

If the decedent has no surviving children or descendants, the estate passes next to parents, then siblings (and their descendants), then more distant relatives in a statutorily defined order. Consult the statutes for the full chain of priority.

7) Practical probate notes

• Determining heirs may require certified birth, death, marriage, or adoption records and possibly paternity determinations.
• Heirs may need to open a probate estate or use a simplified small‑estate process if eligible.
• Disputes over heirs, paternity, or adoption status often require court proceedings and benefit from early legal advice.

Helpful hints

• Gather key documents early: death certificate, birth/adoption certificates, marriage records, and any prior wills or beneficiary forms.
• Map family relationships visually (family tree) to see who stands in each generation—this clarifies representation rules.
• If a child predeceased the parent, confirm whether the child left descendants; those descendants may inherit their parent’s share.
• Adopted children typically inherit as children; stepchildren usually do not unless legally adopted.
• When a surviving spouse exists, don’t assume children automatically receive equal shares—Michigan’s spouse-share rules can change the math.
• Use Michigan Courts’ probate resources for self-help forms and summaries: https://courts.michigan.gov/Administration/SCAO/Pages/Probate/default.aspx
• If family status or paternity is uncertain, consult a probate or family law attorney before distributing assets.
• Consider creating a will to specify how you want your assets distributed and to avoid intestacy rules applying to your estate.