Under Michigan law, the term “next of kin” is synonymous with “heirs”, “heirs at law”, “relatives”, or “family” when used in an applicable statute or governing instrument. See section 700.2720 of the Michigan Estates and Protected Individuals Code.
Next of kin in Michigan are generally to following people, in the following order:
- Surviving Spouse
- Children or descendants
- Parents
- Siblings
- Grandparents or descendants of grandparents
What Next of Kin Inherit Under Michigan Law When There Is No Will?
When a decedent in Michigan dies without a will, their next of kin or heirs at law inherit their probate estate assets. The next of kin that inherit depends upon what relatives survived the decedent.
Surviving next of kin | Share of estate |
Surviving spouse, no descendant or parent | 100% of intestate estate |
Surviving spouse, and all descendants are also descendants of the surviving spouse | The first $150,000 plus 1/2 of any balance |
Surviving spouse, no descendants but a parent of the decedent | The first $150,000 plus 3/4 of any balance |
Surviving spouse, all descendants are also descendants of the surviving spouse, and surviving spouse has a descendant that is not a descendant of decedent | The first $150,000 plus 1/2 of any balance |
Surviving spouse, and one or more of the decedent’s descendants are not descendants of surviving spouse | The first $150,000 plus 1/2 of any balance |
Surviving spouse, and none of the decedent’s descendants are descendants of the surviving spouse | The first $100,000 plus 1/2 of any balance |
Descendants, no surviving spouse | 100% of intestate estate by representation |
Parents, no surviving spouse, no descendants | Split equally or to surviving parent |
Descendants of parents (siblings), no parents, no surviving spouse, no descendants | 100% of intestate estate by representation |
Grandparents or descendants of grandparents, no other survivors |
|
The information in the chart above can be found in sections 700.2102 and 700.2103 of the Michigan Estates and Protected Individuals Code.
Survival Requirement For Next of Kin To Inherit
Under Michigan law, a next of kin or heir must survive the decedent for 120 hours.
If a next of kin fails to survive the decedent by 120 hours, the next of kin is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession. The next of kin are determined accordingly. Section 700.2104 Michigan Estates and Protected Individuals Code.
What Does A Next of Kin Inherit From a Michigan Intestate Estate?
Just because you are a decedent’s next of kin and intestate heir does not mean that you will inherit anything from decedent’s probate estate. One reason is because the decedent may not have had any probate assets. All of decedent’s assets may have been non-probate, such as joint bank accounts, jointly owned real property, or bank accounts with beneficiary designations. See the Probate and Non-Probate Assets Chart.
Sometimes, a decedent dies with a lot of creditors. Creditors can receive payment from the decedent’s estate, thereby diminishing, or eliminating, the share of a next of kin beneficiary.
A Michigan probate lawyer can help you determine your status as next of kin and whether or not you will inherit from a decedent’s estate.
