In Michigan when a loved one passes without a will their estate passes through what is known as intestate succession. The estate must then be processed via probate court and Michigan’s intestate statutes is then applied (such as spousal shares MCL 700.2102).

Spousal Share.
If a loved one passes (without a will) and is survived by a spouse, the decedents other relatives (heirs) will effect what the spouse receives.
Generally:

(1) If the decedent’s descendants are also the surviving spouse’s descendants, then the first $150,000* of the estate must then pass to the spouse. Additionally, one-half of the remaining balance then passes to the spouse. The remaining heirs receive the rest.

(2) If the decedent’s descendant’s are not also the descendant’s of the spouse, then only the first $100,000* of the estate must pass to the spouse. Additionally, one-half of the remaining balance also passes to the spouse. The remaining heirs receive the rest.

(3) If there are no descendant’s but the decedent is survived by a parent, then the first $150,000* passes to the spouse. Additionally, three-fourths of the balance also passes to the spouse. The parents receive the rest.

(4) If there is no descendant’s and no parents, 100% passes to the spouse.

*MCL 700.1210 adjusts the above values by a “cost-of-living adjustment factor”; and that is published annually by the Michigan state department of treasury.

The above is one of several intestate succession rules applied in Michigan. All estate put through probate are open record and available for viewing by the public. The best approach is to have a professionally drafted will designed for your estate and planned with tools such as trusts, life insurance, and other financial services. By design, you want your loved ones to get what they deserve with the smallest tax and transfer penalties and in the most discrete and private manner.