Michigan Compiled Laws
Mich. Comp. Laws § 700.2104 (2026)
Requirement that heir survive decedent for 120 hours.
✓ current as of July 2026
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ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2104 Requirement that heir survive decedent for 120 hours.
Sec. 2104.
An individual who fails to survive the decedent by 120 hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period. This section does not apply if its application would result in a taking of the intestate estate by the state under section 2105.
History: 1998, Act 386, Eff. Apr. 1, 2000
PopularName Notes:
EPICNotes of Decisions
Cited in 2
cases, 2012–2016 · leading case: in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012).
in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). “2108, and because the twins were not living at the time of his death, they had no inheritance rights as his heirs under MCL 700.2104. 3. MCL 700.2114(1)(a) creates a presumption that a child is the natural issue of both spouses if born or conceived during the marriage.”
in Re Koehler Est., 314 Mich. App. 667 (Mich. Ct. App. 2016). “2114(3) provides that a termination of parental rights precludes a parent from inheriting: The permanent termination of parental rights of a minor child by an order of a court of competent jurisdiction; .”
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