Probate Family Allowance Requirements in Michigan

At a glance

Requirements one by one

Michigan-domicile rule and eligible family

Section 700.2401 applies Michigan's Part 4 allowances only when the decedent died domiciled in Michigan. A nonresident decedent's homestead, family, and exempt- property rights follow the law of the decedent's domicile instead.

Section 700.2403 covers the surviving spouse, minor children whom the decedent was legally obligated to support, and children of the decedent or another who were actually being supported. That last category can reach a supported child who does not fit the ordinary descendant class; the operative fact is actual support at death.

Reasonable amount, 2026 administrative cap, and duration

The family allowance is a reasonable maintenance amount for the administration period. It may be a lump sum or installments. Section 700.2405 gives the personal representative a no-prior-court determination ceiling based on an $18,000 statutory figure adjusted annually under § 700.1210. The Treasurer's 2026 notice sets that figure at $36,000 for a 2026 death, so the monthly ceiling is $3,000 for one year.

The $36,000 figure limits what the personal representative may determine under § 700.2405; it is not an absolute ceiling on reasonable support. The personal representative or an aggrieved interested person can petition for relief, including a different family allowance. If the estate is inadequate to discharge allowed claims, payments cannot continue beyond one year. In a sufficient estate, the statutory duration is the administration period rather than an automatic one-year cutoff.

Payment routing, priority, and a trust shortfall

Payment ordinarily goes to the surviving spouse for the spouse and minor or dependent children. If a child does not live with the spouse, the amount may be split between them according to need. If no spouse is living, it may go to the children or their caregivers.

The family allowance ranks behind administration costs and expenses, reasonable funeral and burial expenses, and the homestead allowance. It is exempt from and has priority over other estate claims. Section 700.7605 can make qualifying revocable-trust property answer for the homestead, family, and exempt-property allowances when probate property is insufficient; the listed retirement-plan trusts are excluded from that rule.

Companion homestead and exempt-property rights

Michigan bundles the three protections in the same Part 4 procedure. For a 2026 death, the adjusted homestead allowance is $30,000. It goes to the spouse or, if there is no spouse, is divided among the minor and dependent children. The adjusted exempt-property amount is $20,000 of net value in household furniture, automobiles, furnishings, appliances, and personal effects, with other estate assets available to make up a deficiency. The personal representative may handle the selections when the family does not act within a reasonable time.

Inheritance effect, death, and spouse waiver

The family allowance is not charged against a will benefit, intestate share, or elective share unless the will provides otherwise. A recipient's death ends the right to unpaid allowance amounts.

Section 700.2205 permits a surviving spouse to waive family allowance wholly or partly before or after marriage. The waiver must be a written contract, agreement, or waiver signed by the spouse after fair disclosure. Unless the document says otherwise, a waiver of “all rights” or a complete property settlement entered after or in anticipation of separate maintenance also waives the family, homestead, elective-share, and exempt-property rights described in the section.

What trips people up

• $36,000 is the 2026 personal-representative ceiling, not a universal award. The allowance still must be reasonable, and the court may determine another amount.
• The dollar figure follows the year of death. Section 700.1210 adjusts the statutory base annually, so a different death year requires that year's Treasury notice.
• One year is conditional. The hard one-year duration applies when the estate is inadequate to discharge allowed claims; otherwise the family allowance runs during administration.
• The family allowance is not first in line. Administration, reasonable funeral and burial expenses, and the homestead allowance come before it.
• Death stops unpaid support. An unpaid installment does not continue as an allowance right after the entitled individual dies.

Common questions

Must the family always petition before receiving the adjusted amount?

No. Section 700.2405 allows the personal representative to determine and disburse the family allowance within the adjusted ceiling. A court petition is available when the personal representative or an interested person is aggrieved by a decision, proposed payment, failure to act, or other covered action.

Can a child who is not the decedent's biological or adopted child qualify?

Potentially. Section 700.2403 includes a child “of the decedent or another” who was actually being supported by the decedent. Eligibility turns on that actual support.

Can revocable-trust property be used when probate assets are short?

Yes, within § 700.7605's limits. A trust the settlor could revoke and revest at death can be liable for the allowances to the extent probate property is insufficient, subject to the statute's exclusions.

Statutes and sources

• Mich. Comp. Laws §§ 700.2401, 700.2403 — domicile, claimants, duration, payment routing, priority, inheritance effect, and death. The allowance is for “maintenance during the period of administration.” Official Part 4 PDF (accessed 2026-08-17).
• Mich. Comp. Laws §§ 700.2402, 700.2404, 700.2405 — the bundled homestead, exempt-property, and determination procedure. The personal representative may set the allowance up to the annually adjusted statutory amount. Official Part 4 PDF (accessed 2026-08-17).
• Mich. Comp. Laws § 700.1210 and the 2026 Treasury notice — annual indexing. The certified 2026 factor is 2.006; Table A lists $30,000, $20,000, and $36,000 for §§ 700.2402, 700.2404, and 700.2405. Official Treasury notice (accessed 2026-08-17).
• Mich. Comp. Laws § 700.2205 — surviving-spouse waiver. The writing must be signed “after fair disclosure.” Official Part 2 PDF (accessed 2026-08-03).
• Mich. Comp. Laws § 700.7605 — revocable-trust shortfall liability. It expressly includes “Homestead, family, and exempt property allowances.” Official § 700.7605 (accessed 2026-08-03).