What Happens to a House When Someone Dies Without a Will in Michigan
When someone dies without a will in Michigan, real estate passes through the state's intestate succession law under the Estates and Protected Individuals Code (EPIC). As with Indiana, the house does not automatically transfer to a spouse or child. For families in Niles, Edwardsburg, Cassopolis, and across Southwest Michigan, here is what to expect.
What intestate succession means in Michigan
Michigan's intestate succession statute (MCL 700.2102) determines who inherits:
- If the person was married with children: The surviving spouse receives the first $150,000 of the estate plus one-half of the remaining balance. The children share the other half equally.
- If the person was married with no children and no parents: The surviving spouse receives the entire estate.
- If the person was married with no children but living parents: The surviving spouse receives the first $150,000 plus three-fourths of the remaining balance. The parents share the rest.
- If the person was not married: The children inherit equally. If no children, parents inherit. If no parents, siblings inherit.
The house is part of the probate estate unless it was held in a trust, held as joint tenants with rights of survivorship, or transferred by a lady bird deed.
The probate process for real estate in Michigan
- Open the estate in probate court. A family member petitions the county probate court. In Berrien County, this is handled through the Berrien County Probate Court. In Cass County, through the Cass County Probate Court.
- The court appoints a personal representative. This person has authority to manage and sell estate assets, including the house.
- The property is sold or transferred. With court authority, the personal representative can list the home for sale, sign closing documents, and distribute proceeds according to the intestate succession statute.
- The estate is closed. After all assets are distributed and creditor claims resolved, the estate is formally closed.
How long does probate take in Michigan?
An uncontested estate with real property typically takes 7 to 12 months. Michigan probate timelines depend on:
- The court's schedule and caseload
- Whether the property sells quickly
- Creditor claim periods (which run for a set number of months after publication)
- Whether heirs agree on the distribution
Michigan's informal probate option
Michigan offers an informal probate process for uncontested estates, which can be faster and less expensive than formal probate. A register (not a judge) handles the paperwork. However, if there are disputes or complications, formal probate with a judge is required.
What about lady bird deeds?
Michigan recognizes lady bird deeds (enhanced life estate deeds), which allow a property owner to transfer real estate to beneficiaries upon death without probate. If the deceased executed a lady bird deed before death, the property may pass outside of probate entirely. Check the property deed records at the county register of deeds.
Selling the house during probate
The personal representative can sell the house once they have authority from the court. The sale does not need to wait for the entire probate to conclude. Sale proceeds replace the physical property in the estate.
As a licensed real estate agent in both Michigan and Indiana, I work with personal representatives and estate attorneys to sell probate properties on either side of the state line. The sale can happen through a traditional listing or an auction, depending on the property and the estate's needs.
The legal-then-property sequence
Same as in Indiana: legal first (open the estate, get appointed), then property (sell the house), then contents (cleanout or sell with the property). I coordinate with an estate and probate attorney so the family has one point of contact for both the legal process and the property sale.
For more information, visit Real Estate Agent for Seniors.
Call or text 574-240-WORM to discuss your situation. This article covers Michigan intestate succession generally. For specific legal advice about your family's situation, consult an estate attorney.