What happens to the assets in an intestate estate after the death of the deceased?
When a person in Michigan dies without a will, the distribution of their assets is governed by state intestate succession law. Intestate succession law dictates how a deceased’s assets are to be distributed among their surviving family members. If the deceased has a surviving spouse, the spouse will inherit all of the intestate assets. However, if the deceased leaves any surviving children, the spouse will receive the first $150,000 and one-half of the remaining assets. The remaining assets are divided among any surviving children. If the deceased does not have any surviving children, the entire intestate estate passes to the surviving spouse. If the deceased does not leave a surviving spouse, the intestate assets are distributed among the deceased’s surviving children. Each surviving child will receive an equal share of the assets. If the deceased does not leave any children, the assets will be shared by the deceased’s surviving parents. If the deceased does not leave any surviving children or parents, the intestate assets will be distributed among the deceased’s surviving siblings. If the deceased does not have any surviving siblings, the intestate assets will be distributed among the deceased’s surviving nieces and nephews. If the deceased does not leave any surviving descendants, the intestate assets will be distributed among the next of kin in the order of relationship established by the intestate succession law. This typically includes more distant relatives such as aunts, uncles, and cousins. If the deceased does not leave any surviving relatives, the intestate assets will pass to the State of Michigan.
Related FAQs
How long does an intestate succession take?Are there any restrictions on how an intestate estate can be divided?
Can someone challenge an intestate succession after the estate has already been distributed?
Does an intestate estate automatically go to a surviving spouse?
What happens if someone dies without a will?
How does intestate succession work when there are multiple children?
What happens if one of the heirs is a minor?
How do state laws of intestacy apply to children that are adopted by a surviving spouse?
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Can an intestate estate be divided in any way?
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