📅 2026 Update: Recent Changes in Probate and Estate Law

Since the original article on primogeniture was published, there have been some important updates in U.S. probate and estate law. These changes include new legislation in Michigan and updated estate tax exemptions. The earlier article continues further down this page, providing foundational information on this topic.

🏛️ Michigan's Probate Code Amendment

On February 21, 2024, Michigan enacted Act No. 1, which revised and consolidated laws related to wills, intestacy, trusts, and estate administration. This amendment aims to simplify the probate process in Michigan.

It highlights how states adjust their laws to address the needs of their residents.

💰 Current Estate Tax Exemptions

As of 2026, the federal estate tax exemption is set at $15 million per individual. This means estates valued below this amount do not have to pay federal estate taxes. This change is significant, as it allows a greater number of estates to avoid the tax altogether.

📜 Intestate Succession Process

When someone dies without a valid will, state intestacy laws determine how the estate is distributed. The intestate succession process typically involves several steps, including filing a petition with the probate court and appointing an administrator. This process ensures that the deceased's assets are managed and distributed according to state laws.

⏳ Probate Duration

The time it takes to complete the probate process can vary significantly by state and the complexity of the estate. On average, probate can take several months to over a year to finish. Understanding this timeframe can help families prepare for the administrative responsibilities after a loved one's passing.

📑 Legal Aid Services

Various nonprofit organizations and legal aid societies offer free or low-cost assistance with probate and estate matters. The availability of these services can depend on the state. They can be a valuable resource for those who need help navigating the probate process.

📌 Key Points to Remember

  • 🏛️ Michigan revised its probate laws in 2024.
  • 💰 The federal estate tax exemption is now $15 million per individual.
  • 📜 Intestacy laws dictate the distribution of estates without a will.
  • ⏳ Probate can take several months to over a year, depending on state laws.
  • 📑 Free legal aid services may be available to assist with probate matters.

💡 Tips for Navigating Probate and Estate Law

Review the details of your situation with your attorney to ensure you understand the implications of your estate planning decisions.

🏷️ Understand Intestate Succession

If someone passes away without a valid will, state intestacy laws will decide how their estate is divided. Familiarizing yourself with these laws can help you understand your potential rights as an heir.

📅 Know the Estate Tax Exemption

As of 2026, the federal estate tax exemption is $15 million. If an estate is valued below this threshold, it will not incur federal estate taxes. This is crucial for estate planning.

👪 Identify Legal Heirs

Legal heirs are those recognized by state law as having the right to inherit property. This typically includes biological or legally adopted relatives, so it's important to know your state's rules.

📜 Be Aware of Processing Times

The probate process often takes several months to over a year. Understanding this timeline can help families prepare for the responsibilities they may face after a loved one's death.

📞 Utilize Free Legal Resources

Many nonprofit organizations and legal aid societies provide free or low-cost help with probate and estate matters. Check the availability of these resources in your state to get assistance.

⚖️ Review State-Specific Variations

Intestacy laws differ widely between states. It's essential to know the specific rules that apply in your state, especially regarding the rights of spouses, children, and other relatives.

❓ Frequently Asked Questions

❓ What is primogeniture?

Primogeniture is a legal principle where the firstborn child inherits the entire estate. While it is not widely practiced in modern U.S. law, understanding its historical context can clarify some inheritance issues.

🔍 How does intestate succession work?

Intestate succession is the legal process that determines how a deceased person's estate is distributed when there is no valid will. Distribution is based on state laws, which outline a hierarchy of heirs.

📅 What is the role of an administrator in probate?

An administrator is appointed by the probate court to manage the estate of a person who died without a will. Their duties include identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to heirs.

🕒 How long does the probate process take?

The probate process can take several months to over a year, depending on the state's laws and the estate's complexity. Understanding these timelines can help families prepare for the necessary administrative steps.

👪 Who qualifies as a legal heir?

Legal heirs are individuals recognized by state law as having the right to inherit property. This typically includes biological children, legally adopted children, and sometimes other relatives, depending on state intestacy laws.

📜 Can I contest a will?

Yes, you can contest a will if you believe it is invalid due to factors like lack of capacity, undue influence, or improper execution. However, the process can be complex and often involves legal proceedings.

⚖️ Recent Court Cases Related to Probate and Estate Law

Recent court rulings have clarified various aspects of probate and estate law, impacting how estates are managed and distributed. Understanding these rulings can be essential for navigating the complexities of estate planning and intestacy laws.

For more rulings, you can browse more rulings on the news page.

End of October 2026 Update





Primogeniture refers to the superior rights of a first born child, especially in terms of inheritance. In many locations throughout the world, this long practiced custom was actually written into the country's law. When parents dies, the entire estate was given to the family's eldest son. This practice was widespread throughout most of Europe, including in Britain, Sweden, Belgium, Norway, and Denmark. 

In these locations, the first born son of deceased parents not only received his parents' estate, but also their wealth and any office or title held by his father. If the deceased had multiple children, the younger children were not provided with any type of inheritance, and where left to their own devices to support themselves. If the deceased did not have children, the estate was given to the eldest and closest male relative.

Primogeniture became a common practice in the original thirteen colonies of the United States, and persisted until the late 1700s. Today, this procedure is no longer practiced in the United States, and has also been entirely eliminated or altered in many other countries. For example, a number of countries, including Norway and Denmark, still distribute estates based upon seniority, but have eliminated the male preference. 

Primogeniture Defined

Therefore, if the first born is a female, she will be permitted to inherit her parent's estate. More commonly, individuals create will before they die, which details how they want their estate distributed between their loved ones. Some places still practice male preferred primogeniture, however, this practice has largely died.