MORTLState GuidesMichigan

State Guide

Michigan

What Michigan law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in Michigan? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Michigan attorney for your specific situation.

This is general information, not legal advice. Michigan law changes. Your situation is specific. For anything that matters, talk to a licensed Michigan attorney. Find one here →

Death Certificates

At a Glance

3
days to file
after death
25
years
confidential
$34
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

The 3-day rule.

In Michigan, a death certificate must be filed within 3 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (MCL 333.2843)

Order at least 10 certified copies. Banks, insurance companies, and government agencies all require originals.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Michigan DHHS Vital Records: michigan.gov/mdhhs
  • Cost: $34 for first copy, $16 for each additional copy ordered at the same time
  • Expedited service available through VitalChek

How do I get a death certificate in Michigan?

Order certified copies from Michigan's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Michigan?

$34 per certified copy in Michigan, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$15k
small estate
threshold
simplified
process available
5-12 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Michigan requires probate for estates with solely-owned assets exceeding $15,000 (or $22,000 if the surviving spouse is the sole heir). Estates below these thresholds may qualify for a simplified small estate affidavit. (MCL 700.3982)

Michigan probate typically takes 5-12 months for straightforward estates.

If you die without a will.

Michigan intestate succession (MCL 700.2101 et seq.) determines who inherits:

  • Surviving spouse only (no descendants or parents): gets everything
  • Spouse + descendants all from that spouse: spouse gets first $150K plus three-quarters of the remainder; descendants split the rest
  • Spouse + descendants from a prior relationship: spouse gets first $150K plus half the remainder; descendants split the rest
  • No spouse, descendants survive: descendants inherit equally
  • No spouse or descendants: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Michigan?

A straightforward Michigan probate typically runs 5-12 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Michigan?

$15,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Michigan?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Michigan allow transfer-on-death deeds?

No. Michigan has no transfer-on-death deed statute. Michigan has no statutory TOD deed, but Lady Bird deeds are well established in Michigan title practice (Land Title Standard 9.3) and do the same probate-avoidance job; a living trust or joint ownership also works.

Source: legislative record

Related questions

Die without a will in Michigan and this law picks your heirs.

If you die intestate (without a valid will) in Michigan, Mich. Comp. Laws §§ 700.2101–700.2114; 700.1210 (dollar amounts inflation-adjusted annually; 2026 figures per Treasury notice of Jan. 30, 2026) decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Michigan never gives the spouse the whole estate when any descendant survives: even all-joint families split after the lump sum, unlike the UPC. The statutory $150,000/$100,000 amounts adjust for inflation every year (base factor 2.006 for 2026), so figures must be re-checked annually against the Treasury notice.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): the entire estate
  • Spouse + parents (no descendants): first $301,000 plus 3/4 of the balance (2026)
  • Spouse + joint descendants: first $301,000 plus 1/2 of the balance (2026), never the whole estate
  • Spouse + blended family: first $301,000 plus 1/2 (some children joint) or first $201,000 plus 1/2 (none joint) (2026)
  • Source: Mich. Comp. Laws §§ 700.2101–700.2114; 700.1210

Children's shares.

The descendants take everything by representation.

No spouse, no children: the line of succession.

With no spouse or descendants, the estate goes to parents, then to parents' descendants, then half to each of the paternal and maternal grandparents' lines and their descendants, and with no takers it passes to the state (§ 700.2105).

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Michigan Patient Advocate Designation.

Michigan recognizes a Patient Advocate Designation (MCL 700.5506) that designates an agent to make medical decisions when you cannot. The patient advocate must sign an acceptance.

Michigan's Patient Advocate Designation is broader than a standard healthcare power of attorney - it can also address mental health treatment decisions.

Michigan Living Will.

Michigan does not have a traditional living will statute. Instead, your healthcare wishes are documented in the Patient Advocate Designation. You can specify your wishes for life-sustaining treatment within the designation document.

MPOA (Michigan Physician Orders for Life-Sustaining Treatment).

Michigan uses the MPOA form for seriously ill patients. The MPOA is a medical order signed by a physician that provides specific instructions for CPR, medical interventions, and artificial nutrition.

Where do I get Michigan's advance directive form?

The controlling law is MCL 700.5506 et seq. (Michigan Patient Advocate Designation), linked as this section's source. Most people use the free statutory form: Michigan's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Michigan require a notary or witnesses for an advance directive?

Michigan requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Michigan requires a cremation permit from the local registrar before cremation. Crematories must be licensed by the Michigan Department of Licensing and Regulatory Affairs (LARA).

Right of disposition.

Michigan law (MCL 700.3206) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Michigan allows you to designate a disposition agent in a signed document. This takes precedence over next-of-kin.

Green burial.

Green burial is permitted in Michigan. Natural burial is allowed at cemeteries that permit it. Michigan has several dedicated green burial grounds.

Related questions

Estate Taxes

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Michigan estate tax.

Michigan does not impose a state estate tax. Michigan's estate tax was phased out in 2004 when the federal state death tax credit was eliminated.

No Michigan inheritance tax.

Michigan does not impose an inheritance tax. Beneficiaries inheriting assets from a Michigan decedent pay no state-level inheritance tax.

Federal estate tax.

Michigan residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026.

The One Big Beautiful Bill Act (2025) made the higher federal exemption permanent: $15 million per person for 2026, indexed for inflation.

Does Michigan have an estate tax?

No. Michigan has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Michigan have an inheritance tax?

No. Michigan does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

Organ Donation

At a Glance

18+
to register
How to Register
Online
Secretary of State
Donor card
Family Override
Binding
Your decision is legally binding
State registry: Gift of Life Michigan

The Michigan Donor Registry.

Michigan maintains a donor registry through Gift of Life Michigan. Registration through the Michigan Secretary of State when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Michigan Anatomical Gift Act (MCL 333.10101), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at giftoflifemichigan.org, at any Michigan Secretary of State office, or by completing a donor card.

  • Online: giftoflifemichigan.org
  • At the Secretary of State when renewing your license
  • Donor card: available from Gift of Life Michigan

Related questions

Need Help in Michigan?

Some of this requires a Michigan attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Michigan

From The MORTL Edit

Read when you're ready.

Sources: Michigan Compiled Laws (legislature.mi.gov), Michigan Department of Health and Human Services (michigan.gov/mdhhs), Gift of Life Michigan, State Bar of Michigan. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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