📅 2026 Update: Recent Changes in Intestacy Laws

Since the original article was written, there have been important updates regarding intestacy laws and estate management. Notably, Michigan updated its probate code, and the federal estate tax exemption has increased. This section highlights key changes that impact the distribution of estates when someone passes away without a valid will.

The earlier article continues further down the page.

🏛️ Michigan's Probate Code Amendment

On February 21, 2024, Michigan enacted Act No. 1, updating its probate code. This amendment revises and consolidates laws related to wills, intestacy, trusts, and estate administration.

This change aims to simplify processes for individuals navigating probate in Michigan.

💰 Estate Tax Exemptions

As of 2026, the federal estate tax exemption is now $15 million per individual. This means that estates valued below this amount will not face federal estate taxes. This change can significantly influence estate planning for individuals and families.

⏳ Intestate Succession Process

The intestate succession process remains consistent, though it can vary by state. When someone dies without a will, a probate court typically handles the estate. Key steps include filing a petition, appointing an administrator, valuing assets, paying debts, and distributing the remaining assets to heirs.

📜 Heirship Criteria

Eligibility to inherit under intestacy laws is primarily based on biological or legally adopted relationships. Many states require that an heir survive the decedent by at least 120 hours (5 days) to qualify as an heir. If an heir dies within this period, they are treated as having predeceased the decedent.

📈 Key Points Summary

  • 🏛️ Michigan updated its probate code in 2024.
  • 💰 Federal estate tax exemption is now $15 million.
  • ⏳ Intestate succession involves several key steps through probate court.
  • 📜 Heirship eligibility often requires surviving the decedent by 120 hours.
  • 📚 Intestacy laws and processes can vary significantly by state.

💡 Tips for Navigating Intestacy Laws

Reviewing your unique situation with an attorney is essential for understanding your rights and obligations under intestacy laws.

🗂️ Understand State Laws

Intestacy laws vary by state. It's crucial to know the laws in your state, as they dictate how an estate is distributed. This knowledge can help you understand your potential inheritance.

🏠 Identify Non-Probate Assets

Certain assets, like life insurance policies and retirement accounts, pass outside of probate. Knowing which assets are non-probate can clarify what will be subject to intestacy laws and what won't.

👨‍👩‍👧‍👦 Know Your Heirs

Eligibility to inherit is generally based on family relationships. Biological and legally adopted children typically have rights to inherit. Understanding who qualifies as an heir can help in estate planning.

⏳ Keep Survival Requirements in Mind

Most states require heirs to survive the decedent by at least 120 hours. If this condition is not met, the heir may lose their right to inherit. Be aware of these requirements when planning your estate.

📞 Seek Assistance if Needed

If you are navigating intestacy laws, consider reaching out to legal aid services. These organizations offer free or low-cost assistance in estate matters, helping to clarify your rights and options.

❓ Frequently Asked Questions

❓ What happens if someone dies without a will?

If someone passes away without a will, intestacy laws apply to determine how their estate is distributed. This process typically involves a probate court and appointing an administrator to manage the estate.

👪 Who inherits under intestacy laws?

Under intestacy laws, heirs typically include the surviving spouse, children, parents, and siblings in that order. More distant relatives may also inherit if no closer relatives exist.

⏳ How long does probate take?

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

📜 What assets are subject to intestacy laws?

Assets that pass through probate, like real estate and personal property, are subject to intestacy laws. Non-probate assets, such as life insurance and retirement accounts, typically bypass intestacy processes.

🏛️ Are half-siblings treated differently?

In many states, half-siblings inherit the same share as full siblings under intestacy laws. However, this can vary by state statutes, so it's important to check local laws.

🚫 Can stepchildren inherit under intestacy laws?

Generally, stepchildren are not considered legal heirs under intestacy laws unless they have been legally adopted by the decedent. This means they typically do not inherit unless specific provisions are made.

⚖️ Recent Cases Related to Intestacy

Recent court rulings have clarified various aspects of intestacy laws and how estates are administered when there is no will. These cases often address the rights of heirs and the interpretation of state laws.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





Intestacy



When an estate is classified as being intestate, the owner of the estate has died prior to establishing a legal will. As a result, an administer must be appointed to distribute the deceased's assets following established intestacy laws. Intestacy rules are specified in the Succession Act of 1965.

A Brief Overview of Intestacy

Testamentary Trust



A testamentary trust is often established by parents who are leaving a significant monetary inheritance to a minor or a young adult. In the event that a single parent or parents die, a testament trust will ensure that the inheritance is handled by a responsible adult, until the specified period.

Letters Testamentary



Letters testamentary are documents that are produced and issued by a court within a deceased individual's jurisdiction. These testamentary letters provide either a bank, attorney, or additional organization with the authority to act as the executive, and distribute the deceased's estate, following either a will or the laws on intestacy. 

Primogeniture



Primogeniture is the practice in which, upon the death of parents, the first born male inherits the entire estate. This procedure was widely practiced in many locations throughout the world, including most of Europe and the United States. Today, this practice has been discontinued in many locations., or altered to include first born females.

Disclaimer



In some instances, an individual who is entitled to a portion of a deceased individual's estate will not want to acquire his/her inheritance. There are many different reasons why an individual may choose to refuse his/her inheritance. In order for an individual to achieve this, he/she must file a disclaimer of interest.