Estate Law · Michigan
Michigan estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Michigan residents.
- Michigan intestacy gives the surviving spouse the entire estate when descendants are mutualMichigan intestacy: spouse takes $150,000 plus three-quarters of balance with mutual descendants. Different formulas apply with prior-relationship descendants.
- Michigan recognizes attested wills, holographic wills, and harmless-error willsMichigan recognizes attested wills, holographic wills, and harmless-error wills. Flexible UPC framework with multiple pathways to validity.
- Michigan small-estate petition handles estates up to $27,000 with streamlined procedureMichigan small-estate petition handles estates up to $27,000 (indexed) including real property. Streamlined court procedure substantially reduces probate cost.
- Michigan durable power of attorney must include specific durability languageMichigan POAs require express durability language to survive incapacity — no default durability. Patient advocate designation is separate.
- Michigan recognizes Lady Bird deeds for non-probate real property transfer with full lifetime controlMichigan recognizes Lady Bird deeds — enhanced life estate deeds preserving grantor control during life with automatic transfer at death. Distinct from TOD.
How do these rules apply to you?
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Michigan attorney.