Elective Share in Michigan
State-specific overview · Estate & Probate
A surviving spouse may claim the greater of $150,000 or one-half of the estate if there are no children.
How Michigan treats Elective Share
Michigan grants the surviving spouse an elective share that varies based on whether the deceased spouse had children. If there are no children, the surviving spouse receives the greater of $150,000 or one-half of the estate. If children exist, the surviving spouse receives one-third of the estate. The surviving spouse must file an election within a specific timeframe after the will is admitted to probate. This right protects the surviving spouse from complete disinheritance.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Michigan.