• Intestate laws apply when a person dies without a will.michigan map image by Vladislav Gajic from Fotolia.com
  
  Each state establishes laws and procedures governing how property gets distributed when people die. When people die intestate, it means they did not leave behind a last will and testament. What happens to the property these people leave behind is covered by the laws of intestate succession. Michigan's intestate succession laws are found in Act 386 of the Michigan Revised Statutes.
  
  

Method

• Intestate succession laws act as a gap filler in case someone doesn't leave behind a will. These laws set up a predetermined system where property passes from the decedent's estate to beneficiaries. Michigan's intestate succession laws determine who gets the property based on the relationship to the person who died, generally referred to as the decedent.
  
  For example, according to Michigan Revised Statutes 700.2102, the spouse of the decedent receives all estate property if the decedent leaves behind no children or surviving parent. If the couple does have a surviving child, the spouse receives the first $150,000 plus half the value of the remaining estate with the child receiving the remainder,
  
  

Children

• Under Michigan's intestate succession laws, children stand to inherit as long as a parent and child relationship can be established. Michigan Revised Statutes 700.2114 states that a child-and-parent relationship can be established by showing the child was born to the parents during the marriage or outside of it. If born outside of the marriage, or during the marriage but by a man other than the husband, the child can inherit through intestate succession if the father acknowledges parentage or otherwise acknowledges the parent-and-child relationship. This means adopted children qualify as children for any intestate succession issue.
  
  

Applicability

• The laws of intestate succession can apply both intestate estates and those where a will has been left behind. According to Michigan Revised Statutes Section 700.2101, if a part of the estate is not disposed of by the decedent's will, that portion gets distributed according to the laws of intestate succession. However, the statute also allows a will to limit the right to inherit property through intestate succession. For example, a will can add a clause stating that if any property is not covered by the will, that property will not pass according to the Michigan laws of intestate succession, but instead by another means indicated by the will.