ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2103 Share of heirs other than surviving spouse.
Sec. 2103.
Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent:
(a) The decedent's descendants by representation.
(b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent.
(c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation.
(d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
15
cases (
7 in the last 5 years), 2009–2025 · leading case:
In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009).
In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009).
· cites it 6× “MCL 700.2103. [18] Additionally, under the plurality's interpretation, if all of testator's and Claude's siblings had predeceased testator, testator's attempt to distribute "all" of her estate through the will would have been futile, because the will would have no bearing on the…”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016).
· cites it 20× “MCL 700.2103. First, the estate will pass to the decedent’s descendants.”
In Re Nestorovski Est., 769 N.W.2d 720 (Mich. Ct. App. 2009).
· 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.”
in Re Koehler Est. (Mich. Ct. App. 2016).
· cites it 9× “MCL 700.2103. First, the estate passes to the decedent’s descendants.”
Valdivia (E.D. Mich. 2021).
· cites it 2× “See Mich. Comp. Laws § 700.2103 (“Any part of the intestate estate that does not pass to the decedent’s surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the…”
in Re Rashed Est. (Mich. Ct. App. 2019).
“And yet, although she was eligible to file a petition, the probate court had significant concerns whether the decedent’s mother did, in fact, file the petition.”
In Re Petition of Barry Cnty. Treasurer for Foreclosure (Mich. Ct. App. 2024).
“78t(2) requires that a claimant seeking surplus proceeds for property sold after July 17, 2020, must notify the foreclosing governmental unit of the intent to seek the surplus by July 1 following the effective date of the foreclosure of the property. There is no requirement that…”
20240201_C362316_50_362316.Opn.Pdf (Mich. Ct. App. 2024).
“The right to surplus proceeds arguably passed to Rodney’s heirs upon his death in June 2018 along with title to his property.”
In Re Petition of Alger Cnty. Treasurer for Foreclosure (Mich. Ct. App. 2024).
“This Court reasoned that “the death-saving provision applie[d] only to claims that survive a decedent’s death by operation of law. Any claim to surplus proceeds accrued after foreclosure of the property, so the claim was not in existence when [the decedent] died.”
— Mich. Comp. Laws § 700.2103(a) — 4 cases
In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009).
“MCL 700.2103. [18] Additionally, under the plurality's interpretation, if all of testator's and Claude's siblings had predeceased testator, testator's attempt to distribute "all" of her estate through the will would have been futile, because the will would have no bearing on the…”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate will pass to the decedent’s descendants.”
in Re Koehler Est. (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate passes to the decedent’s descendants.”
— Mich. Comp. Laws § 700.2103(b) — 3 cases
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate will pass to the decedent’s descendants.”
in Re Koehler Est. (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate passes to the decedent’s descendants.”
in Re Rashed Est. (Mich. Ct. App. 2019).
“And yet, although she was eligible to file a petition, the probate court had significant concerns whether the decedent’s mother did, in fact, file the petition.”
— Mich. Comp. Laws § 700.2103(c) — 2 cases
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate will pass to the decedent’s descendants.”
in Re Koehler Est. (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate passes to the decedent’s descendants.”
— Mich. Comp. Laws § 700.2103(d) — 2 cases
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate will pass to the decedent’s descendants.”
in Re Koehler Est. (Mich. Ct. App. 2016).
“MCL 700.2103. First, the estate passes to the decedent’s descendants.”
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