What is the process for determining an intestate estate?
In Michigan, intestate succession law dictates that if a person dies without a valid will, their estate is distributed according to a set of predetermined guidelines. This is known as “intestate succession”. The process for determining an intestate estate begins with the court determining who is an heir. This is done by collecting documents such as death certificates, marriage certificates, and birth certificates. Once the court has identified who the potential heirs are, it will determine their rights, examine title to the property, and then transfer the property to the appropriate heirs. The court then uses Michigan’s intestate succession laws to determine the heirs’ legal rights to the estate. Under Michigan’s intestate succession laws, a surviving spouse is entitled to all of the decedent’s estate unless there are surviving children. In that situation, the spouse is entitled to the first $150,000 of the estate, plus one-half of the remaining balance. The remaining property is divided among the decedent’s surviving children. If there are no surviving children, the property is divided among the decedent’s siblings and parents. If the decedent had no family, the property is distributed to the state. Once the court has determined who is entitled to the estate, all of the assets are liquidated and distributed to the appropriate heirs. The court also appoints a personal representative to make sure that the estate is distributed according to the intestate succession laws. Once all of the assets have been distributed, the court will close the estate.
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