ESTATES AND PROTECTED INDIVIDUALS CODE
Act 386 of 1998
700.2402 Homestead allowance.
Sec. 2402.
A decedent's surviving spouse is entitled to a homestead allowance of $15,000.00, adjusted as provided in section 1210. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance equal to $15,000.00, adjusted as provided in section 1210, divided by the number of the decedent's minor and dependent children. The homestead allowance is exempt from and has priority over all claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses. A homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent, unless otherwise provided, by intestate succession, or by elective share.
History: 1998, Act 386, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 177, Imd. Eff. June 20, 2000
PopularName Notes:
EPIC
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2011–2026 · leading case:
in Re Jajuga Est., 881 N.W.2d 487 (Mich. Ct. App. 2015).
in Re Jajuga Est., 881 N.W.2d 487 (Mich. Ct. App. 2015).
· cites it 9× “ic difference exists between an “allowance” and an “exemption” under EPIC, but held that the distinction was not dispositive with regard to the construction of “entitled,” noting that (1) both an allowance and an exemption can constitute a right, (2) Michigan caselaw has…”
Wicklund v. Wicklund, 812 N.W.2d 359 (N.D. 2012).
· cites it 2× “After the hearing, the district court issued a written order granting Betty Wicklund’s *365 petition for an elective share of $67,000 plus one-fourth of the estate under Mich. Comp. Laws § 700.2202 , a homestead allowance of $20,000 under Mich.”
In re Lundy Est., 804 N.W.2d 773 (Mich. Ct. App. 2011).
“5 On May 19, 2008, petitioner filed a form selecting the CD account as the “homestead allowance authorized by *351 MCL 700.2402” and as the “exempt property authorized by MCL 700.”
State v. Bruederle, 2012 ND 26 (N.D. 2012).
· cites it 2× “After the hearing, the district court issued a written order granting Betty Wicklund’s petition for an elective share of $67,000 plus one-fourth of the estate under Mich. Comp. Laws § 700.2202 , a homestead allowance of $20,000 under Mich.”
in Re Warner Est. (Mich. Ct. App. 2015).
· cites it 3× “” MCL 700.2402. The homestead allowance is “exempt from and has priority over all claims against the estate, except administration costs and expenses and reasonable funeral and burial expenses.”
Madison & Lynden Grinnell Fam. Trust v. Jennifer M Blumhardt (Mich. Ct. App. 2021).
“There is thus also no way to know what assets, if any (besides the house) would be made part of the Trust assets through the will’s pour over provision, specifically given that defendant was Lynden’s widow and would be able to take at least a homestead allowance up to $15,000…”
P in Re E Earl Lyden Trust (Mich. Ct. App. 2024).
“” MCL 700.2402. Furthermore, “[f]or their maintenance during the period of administration, a reasonable family allowance is payable to the decedent’s surviving spouse .”
In Re Nielsen Est. (Mich. Ct. App. 2026).
“2404 provides an exempt-property allowance and states, in relevant part: (1) The decedent’s surviving spouse is also entitled to household furniture, automobiles, furnishings, appliances, and personal effects from the estate up to a value not to exceed $10,000.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.