📅 2026 Update: Changes in Disclaimer of Interest and Estate Law

Since the original article was published, there have been significant updates to the laws and procedures related to estate planning and probate. Most notably, Michigan amended its probate code in 2024, impacting how estates are managed in that state. The information below highlights the most relevant changes that affect disclaimers of interest and intestate succession.

More details from the earlier article can be found further down the page.

🏛️ Michigan's Probate Code Amendment

On February 21, 2024, Michigan enacted Act No. 1, which revised the state's probate code. This update consolidates laws related to wills, intestacy, trusts, and estate administration.

It aims to streamline the probate process, making it easier for individuals to navigate these legal waters.

📊 Current Estate Tax Exemptions

As of 2026, the federal estate tax exemption is now set at $15 million per individual. This means estates valued below this amount are exempt from federal estate taxes. This significant increase impacts many families and their estate planning strategies, allowing for greater wealth transfer without tax implications.

⏳ Intestate Succession Process

The intestate succession process remains critical for individuals who die without a valid will. The process includes filing a petition with the probate court, appointing an administrator, identifying and valuing assets, paying debts and taxes, and distributing remaining assets to heirs based on state laws.

👨‍👩‍👦 Heirship and Survival Requirements

Eligibility for inheritance under intestacy laws typically involves a biological or legally adopted relationship to the deceased. Many states require heirs to survive the decedent by at least 120 hours (or 5 days) to qualify as heirs. This rule can significantly affect the distribution of an estate if an heir dies shortly after the decedent.

📑 Legal Aid and Nonprofit Help

Various nonprofit organizations and legal aid societies now offer free or low-cost assistance for probate and estate matters. Availability may vary by state, providing valuable support for individuals navigating these complex legal processes.

📌 Key Points to Remember

  • 🏛️ Michigan revised its probate code in 2024.
  • 📊 The federal estate tax exemption is $15 million per individual as of 2026.
  • ⏳ The intestate succession process involves multiple steps, including asset distribution.
  • 👨‍👩‍👦 Heirs must survive the decedent by 120 hours to inherit.
  • 📑 Free legal aid options are available in various states.

💡 Tips for Navigating Disclaimer of Interest and Estate Matters

Reviewing your personal situation with an attorney is crucial for effective estate planning.

📝 Understand the Intestacy Laws in Your State

Intestacy laws vary significantly by state. It is essential to know how your state handles inheritance without a will, as it can affect who inherits your assets.

🕑 Be Aware of Survival Requirements

Many states require an heir to survive the decedent by at least 5 days to inherit. This requirement can alter the distribution of assets if an heir passes away shortly after the decedent.

💰 Consider Estate Tax Exemptions

With the current federal estate tax exemption set at $15 million, it is important to assess how this affects your estate planning. Estates below this threshold may avoid federal estate taxes.

📄 Keep Updated on Legal Changes

Laws regarding estate planning and probate can change. Staying informed of any changes in your state’s laws can help you make better decisions for your estate.

🤝 Explore Free Resources

If you need help with probate matters, look for local nonprofit organizations or legal aid services. They can provide valuable assistance at little to no cost.

❓ Frequently Asked Questions

🤔 What is a disclaimer of interest?

A disclaimer of interest is a legal statement made by a potential heir indicating they choose not to receive an inheritance. This can simplify the probate process and ensure that the assets are distributed according to state intestacy laws.

🏠 How does intestate succession work in community property states?

In community property states, the surviving spouse typically inherits the deceased spouse's share of community property. However, the distribution of separate property can differ from states that follow common law.

📃 What are non-probate assets?

Non-probate assets are types of property that pass directly to beneficiaries without going through probate. Examples include life insurance policies, retirement accounts, and jointly held property.

👨‍👩‍👦 Can half-blood relatives inherit?

In many states, half-siblings inherit the same share as full siblings under intestacy laws. However, this can vary depending on the specific statutes in each state.

⚖️ How long does the probate process take?

The duration of the probate process varies by state and the complexity of the estate. On average, it can take several months to over a year to complete.

📅 What resources are available for legal assistance with probate?

Many nonprofit organizations and legal aid societies provide free or low-cost legal assistance with probate and estate matters. The availability of these services may differ by state.

⚖️ Recent Cases Impacting Disclaimer of Interest and Estate Matters

Recent court rulings highlight important aspects of disclaimers of interest and the intestacy process. These cases clarify how disclaimers can simplify probate and affect asset distribution under state laws.

For further insights, readers can explore more rulings on the news page.

End of October 2026 Update






When an individual dies and he/she has now created a will prior to death, his/her estate will be divided following the laws of intestacy. Therefore, certain people will be entitled to a portion of the deceased's estate. For example, if the deceased has both a living spouse and living children, the estate will be divided amongst these individuals. This often happens without the consent of the individuals who are inheriting the estate. 

Some relatives may not want to inherit the deceased individual's assets. For example, if the inheritance would adversely affect an individual's income tax liabilities, or if the assets would by provided to creditors, an individual may not want to acquire the inheritance. Another reason that a direct descendant may wish to refuse an inheritance, is because the assets will then likely be passed to his/her children, without gift tax. 

What You Should Know About a Disclaimer of Interest

In order for an individual to refuse an inheritance, he/she must file a disclaimer of interest. He/she must create a written disclaimer and submit the document to the court that is responsible for the distribution of the estate. The disclaimer must be submitted within a specified time period. In most cases, this period is nine months following the death of the deceased. 

In some states, regulations have been created regarding these disclaimers. For instance, in some locations, an individual who is reliant on welfare or public benefits will not be eligible to file a disclaimer of interest. It is important for an individual to review the laws and regulations regarding this process in his/her state, as it varies from one state to another.