Michigan Compiled Laws

Mich. Comp. Laws § 700.2106 (2026)

Representation.

✓ current as of July 2026

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ESTATES AND PROTECTED INDIVIDUALS CODE

Act 386 of 1998

700.2106 Representation.

Sec. 2106.

(1) If, under section 2103(a), a decedent's intestate estate or a part of the estate passes by representation to the decedent's descendants, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest to the decedent that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

(2) If, under section 2103(c) or (d), a decedent's intestate estate or a part of the estate passes by representation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains 1 or more surviving descendants and the deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated 1 share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

(3) As used in this section:

(a) "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under section 2104.

(b) "Surviving descendant" means a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under section 2104.

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

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Notes of Decisions

Cited in 2 cases, 2009–2012 · leading case: In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009).

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In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009). · cites it 10× “MCL 700.2106(1) provides the framework by which the predeceased sibling's share should be divided among the sibling's descendants by representation: [T]he estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the…”

in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). · cites it 2× “to continue to live or exist after the death, cessation, 6 Likewise, MCL 700.2106(3)(b) defines “surviving descendant” as “a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under [MCL 700.”

— Mich. Comp. Laws § 700.2106(1) — 1 case

In Re Raymond Est., 764 N.W.2d 1 (Mich. 2009). “MCL 700.2106(1) provides the framework by which the predeceased sibling's share should be divided among the sibling's descendants by representation: [T]he estate or part of the estate is divided into as many equal shares as the total of the surviving descendants in the…”

— Mich. Comp. Laws § 700.2106(3)(b) — 1 case

in Re Certified Question (Mattison v. Soc SEC), 825 N.W.2d 566 (Mich. 2012). “to continue to live or exist after the death, cessation, 6 Likewise, MCL 700.2106(3)(b) defines “surviving descendant” as “a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under [MCL 700.”

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