What Happens to a Michigan Home in Probate When There Is No Will

When a Michigan homeowner dies without a will, the state writes the will for them. This is called intestate succession, and it is set out in Michigan’s Estates and Protected Individuals Code (EPIC). The house does not automatically go to the surviving spouse, and it does not always split equally among children. Who inherits depends on which family members survive the decedent. This guide walks through every common scenario, explains how the home gets retitled, and shows what to do if the heirs cannot agree on what to do with it.

First, Probate Still Happens

A common myth is that no will means no probate. The opposite is true. When there is no will, probate is essential because there is no document telling the court who the personal representative should be or who inherits. The court appoints an administrator (usually a surviving spouse or adult child) and applies Michigan’s intestate statute to distribute the estate.

Michigan’s Intestate Succession Rules for Real Estate

The exact split depends on who survives the decedent. The figures below come from MCL 700.2102 and are commonly used in 2026.

Surviving Spouse and All Shared Children

The spouse receives the first $150,000 of the estate plus half of the balance. The remainder goes equally to the children. For a house worth $300,000 with no other assets, the spouse gets the house and the children share what remains, which is often nothing if there are no other assets.

Surviving Spouse and Children from a Prior Relationship

If the decedent had children from a previous marriage, the spouse’s share drops to the first $100,000 plus half the balance. The other half is divided among all children. This is where blended families often end up with painful disputes over the family home.

Spouse and No Descendants, but Surviving Parents

The spouse takes the first $150,000 plus three quarters of the balance. The decedent’s parents split the remainder.

No Spouse

The entire estate goes to descendants by representation (children, then grandchildren). If there are no descendants, it passes to parents, then siblings, then more distant relatives. Michigan only escheats to the state when no qualifying relatives exist.

How the House Actually Gets Retitled

The administrator opens probate, gets Letters of Authority, publishes notice to creditors, and files an inventory. Once the 4-month creditor window passes and debts are paid, the administrator records a Personal Representative Deed transferring the home to the heirs in their intestate shares. If the heirs want to sell, the administrator can sell directly from the estate, which is often simpler than retitling first.

Property Tax Uncapping When There Is No Will

Michigan’s Proposal A caps annual taxable value increases at 5% or inflation, whichever is lower. When a property transfers, the cap is removed and taxable value jumps to the State Equalized Value (SEV), which can double or triple the tax bill. However, MCL 211.27a(7)(s) provides an uncapping exemption for transfers to qualifying relatives. Intestate transfers to these relatives generally qualify, but you must file the Property Transfer Affidavit (Form 2766) within 45 days.

Principal Residence Exemption Issues

If the heir does not move into the home, the Principal Residence Exemption (PRE) goes away, adding 18 mills to the tax bill. Form 2368 must be filed by June 1 or November 1 to claim PRE on a new primary residence. Vacant inherited homes lose PRE quickly, which is one reason heirs often choose to sell rather than rent.

When Heirs Cannot Agree

Intestate succession often forces siblings into co-ownership of a single asset (the house) with no instructions on what to do with it. If they cannot reach a buyout or sale agreement, any co-owner can file a partition action in circuit court. The court will order a sale and split the proceeds. Partition is slow and expensive, so most families negotiate first.

Selling an Intestate Home Quickly

Vacant inherited homes are expensive. Insurance is higher, utilities still run, and one Michigan winter without heat can mean burst pipes and mold. If the heirs agree the best path is to sell, Offer Now Michigan can purchase the home directly from the estate in as-is condition once Letters of Authority are issued. Call (810) 547-1135.