Skip to content
Oakclause

Spousal Elective Share Law in Michigan

In Michigan, a surviving spouse can elect one-half of the share they would have received if there had been no will, reduced by one-half of property received from the decedent outside the will, within 63 days after the claims deadline or after service of the inventory, whichever is later.

Last checked . General information, not legal advice.

Michigan at a glance

Elective share
1/2 of intestate share, less 1/2 of nonprobate transfers
Reduced by half the value of property the spouse got from the decedent by other means, such as joint ownership or life insurance.
Deadline to elect
63 days after claims deadline or inventory, if later
Counted from the date for presentment of claims or from service of the inventory on the spouse, whichever is later.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Michigan

How much can a surviving spouse claim in Michigan if left out of the will?

Elective share in Michigan: 1/2 of intestate share, less 1/2 of nonprobate transfers. Reduced by half the value of property the spouse got from the decedent by other means, such as joint ownership or life insurance.

What is the deadline to claim the elective share in Michigan?

Deadline to elect in Michigan: 63 days after claims deadline or inventory, if later. Counted from the date for presentment of claims or from service of the inventory on the spouse, whichever is later.

Is Michigan a community property state?

No. Community property state in Michigan: no. Not on the IRS list of community property states.

Where do the Michigan spousal elective share laws come from?

The rules above come from Mich. Comp. Laws 700.2202. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.