Mich. Comp. Laws » Michigan Compiled Laws / Chapter 700 / Act 386 of 1998

Mich. Comp. Laws § 700.2101

Intestate estate.

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ESTATES AND PROTECTED INDIVIDUALS CODE


Act 386 of 1998


700.2101 Intestate estate.

Sec. 2101.

    (1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this act, except as modified by the decedent's will.

    (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent that passes by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.

History: 1998, Act 386, Eff. Apr. 1, 2000

PopularName Notes:

EPIC
Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 2009–2025 · leading case: in Re Jajuga Estate
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in Re Jajuga Estate (2015) michctapp · cites it 12× “Additionally, respondent contends that resolution of this appeal requires the construction of MCL 700.2101 because MCL 700.2101(2) and MCL 700.”
in Re Certified Question (Mattison v. Soc SEC) (2012) mich · cites it 6× “to continue to live or exist after the death, cessation, 6 Likewise, MCL 700.”
Kim v. Jpmorgan Chase Bank, Na (2012) mich · cites it 2× “MCL 700.2101(1) (“Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this act .”
King v. Nash (In Re Estate of Erwin) (2018) mich · cites it 2× “, died intestate and, consequently, MCL 700.2101(1) of the Estates and Protected Individuals Code (EPIC)3 controls the disposition of his estate.”
In Re Nestorovski Estate (2009) michctapp · cites it 2× “" Prince similarly concluded that Vlado's lack of capacity warranted the setting aside of the two quitclaim deeds Vlado signed in April 2001 and a power of attorney that Vlado signed in 2000.”
Tkachik v. Mandeville (2010) mich “*43 Parts 1 through 4 of Article II of the Estates and Protected Individuals Code (EPIC), MCL 700.2101 et seq., relate to: (1) intestate succession, (2) spousal elections, (3) spouses or children not provided for in the will, and (4) exempt property and allowances.”
In re Daniels Estate (2013) michctapp “, which was repealed and replaced with the Estates and Protected Individuals Code (EPIC), MCL 700.2101 et seq. In re Quintero Estate, 224 Mich App at 685.”
in Re Douglas W Baltrip Estate (2016) michctapp “3614(b) because she was not entitled to a portion of the estate under the laws of intestate succession, see MCL 700.2101; MCL 700.2103, the purported error is harmless under the circumstances of this case.”
in Re Erwin Estate (2016) michctapp “For the purposes of intestate succession, a spouse who ceased supporting the decedent spouse before his or her death may not take a share from an intestate estate: .”
in Re Dechow Estate (2019) michctapp “See MCL 700.2101. Historically, Michigan permitted certain properly-witnessed oral statements to constitute nuncupative wills.”
In Re Murray Estate (2023) michctapp “” MCL 700.2101(1). EPIC defines an “heir” as “a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent’s property.”
In Re Gjebic Estate (2025) michctapp “At the hearing, the trial court addressed appellant’s failure to file the discovery responses, noting that if appellant believed he had complied with the discovery 5 For example, disinheritance can happen through a validly executed will, MCL 700.2101(2), voluntary disclaimer,…”
Show all 13 citing cases →
— Mich. Comp. Laws § 700.2101(1) — 4 cases
Kim v. Jpmorgan Chase Bank, Na (2012) mich “MCL 700.2101(1) (“Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this act .”
King v. Nash (In Re Estate of Erwin) (2018) mich “, died intestate and, consequently, MCL 700.2101(1) of the Estates and Protected Individuals Code (EPIC)3 controls the disposition of his estate.”
in Re Certified Question (Mattison v. Soc SEC) (2012) mich “to continue to live or exist after the death, cessation, 6 Likewise, MCL 700.”
In Re Murray Estate (2023) michctapp “” MCL 700.2101(1). EPIC defines an “heir” as “a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent’s property.”
— Mich. Comp. Laws § 700.2101(2) — 2 cases
in Re Jajuga Estate (2015) michctapp “Additionally, respondent contends that resolution of this appeal requires the construction of MCL 700.2101 because MCL 700.2101(2) and MCL 700.”
In Re Gjebic Estate (2025) michctapp “At the hearing, the trial court addressed appellant’s failure to file the discovery responses, noting that if appellant believed he had complied with the discovery 5 For example, disinheritance can happen through a validly executed will, MCL 700.2101(2), voluntary disclaimer,…”
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