Michigan Elective Share

A surviving spouse who elects against a Michigan will takes one-half of what they would have received if there had been no will, minus one-half of anything they already receive from the decedent by other means. The election has a hard deadline: 63 days after the date for presentment of claims, or 63 days after the inventory is served on the spouse, whichever is later.

That is the whole mechanism, and the two halves of it matter separately. The fraction decides what the election is worth. The offset decides whether electing is worth anything at all, because joint property, life insurance and beneficiary designations all reduce it.

This guide provides general Michigan elective share information. Ask Michigan counsel before waiving rights, filing an election, or distributing estate property.

What The Elective Share Does

MCL 700.2202 gives the surviving spouse of a Michigan decedent who died with a will the right to reject the will's gift and take a statutory share instead. In the statute's words, the spouse may elect "1/2 of the sum or share that would have passed to the spouse had the testator died intestate, reduced by 1/2 of the value of all property derived by the spouse from the decedent by any means other than testate or intestate succession upon the decedent's death."

Read that as two steps:

1. Work out the intestate share first. What would the spouse have taken if there were no will? The Michigan intestate succession guide sets out those shares, which depend on whether the decedent left descendants and whether those descendants are also the spouse's.
2. Halve it, then subtract half of everything else the spouse gets. Property passing outside the will still counts against the election: jointly held real estate, payable-on-death accounts, life insurance, retirement beneficiary designations. Half of that value comes off the elective share.

The second step is why the election is often worth less than it first appears, and sometimes worth nothing. A spouse who takes the house by survivorship and a large life-insurance payout may find the offset consumes the entire elective share. Run the arithmetic before electing, not after.

The deadline is short and it is not measured from the date of death. The election must be made within 63 days after the date for presentment of claims, or within 63 days after the inventory is served on the spouse, whichever is later. Because it runs from those two events rather than the death, a spouse who waits to be told when to act can miss it. Watch the Michigan probate deadlines for the claims date.

Do not assume a will can fully disinherit a spouse. Equally, do not assume electing is automatically the better choice: compare the will's gift against the elected share net of the offset, and check the homestead allowance, family allowance and exempt property separately, because those are additional protections rather than part of the election.

Elective Share And Intestacy

If there is no valid will, Michigan intestate succession controls probate property. If there is a will, the surviving spouse may still need to compare the will's gift with elective-share options.

Read Michigan intestate succession and Michigan surviving spouse rights together before deciding.

Allowances Still Matter

Michigan spouse rights also include the homestead allowance, family allowance, and exempt property. These rights can affect payment order and estate cash flow.

Use Michigan homestead allowance, Michigan family allowance, and Michigan exempt property for those separate protections.

Timing And Court Filing

Election timing depends on the probate case and notice. A spouse should act quickly after receiving probate papers. Waiting can create waiver, distribution, or court-order problems.

Gather the will, petition or application, notice papers, inventory, account records, beneficiary forms, deeds, and any marital agreement.

Do not treat an informal family promise as the same thing as a filed election or written waiver. A personal representative should keep proof of notice, any spouse response, and any court order with the estate accounting before making final distributions.

Records To Review

Before deciding, review:

• Probate inventory
• Trust documents
• Beneficiary accounts
• Joint property
• Real estate deeds
• Prenuptial or postnuptial agreements
• Prior estate planning documents
• Estate debts and allowances

If the will itself may be invalid, read Michigan will contests.

Tax and title records can also change the practical choice. A spouse may need to compare probate value, nonprobate transfers, sale plans, creditor claims, and allowance payments before deciding whether an election is worth filing.

Related Guides

• Michigan Probate Guide
• Michigan Debt Payment Priority
• Michigan Probate Accounting
• Michigan Estate Planning Basics
• Michigan Estate Tax and Inheritance Tax Guide
• Michigan Omitted Spouse and Child
• Michigan Step-Up in Basis for Inherited Property

This guide is general information about Michigan law. It is not legal advice. Verify current requirements with the county probate court or qualified Michigan counsel before acting.

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Sources

• Title: MCL 700.2202, Election of surviving spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2202
• Title: MCL 700.2202, Election of surviving spouse. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2202
• Title: MCL 700.2203, Waiver of right to elect and other rights. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2203
• Title: MCL 700.2402, Homestead allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2402
• Title: MCL 700.2403, Family allowance. Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2403

This guide provides general Michigan elective share information. Verify rights, deadlines, waivers, and court filing options with Michigan counsel.