Omitted or Pretermitted Children Under Wills in Michigan

Short answer Michigan protects a child born or adopted after a will and a living child omitted because the testator believed the child dead. The share generally follows either an intestacy comparison or the will's gifts to children living when it was signed, but an intentional omission, a qualifying outside transfer, or a specified gift to the child's other parent can change the result. (Mich. Comp. Laws § 700.2302.)
State
Michigan
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Will and child coveredWill; later-born/adopted child or living child wrongly believed dead (§ 700.2302(1), (3)).
Birth or adoption timingBirth or adoption after will execution; mistaken-death child alive at execution (§ 700.2302(1), (3)).
Naming and provision testWill must fail to provide for later child; mistaken-death omission has separate cause test (§ 700.2302(1), (3)).
Intentional omissionNo afterborn share if omission appears intentional from will (§ 700.2302(2)(a)).
Other-parent giftsNo intestate branch if other parent survives, can take, and receives all or substantially all (§ 700.2302(1)(a)).
Outside gifts and advancementsOutside transfer substitutes if statements, amount, or other evidence show intent (§ 700.2302(2)(b)).
Baseline statutory shareNo living child at execution: intestate equivalent, subject to other-parent exception (§ 700.2302(1)(a)).
Effect of gifts to existing childrenIf then-living children receive devises, later child shares equally only in those devises (§ 700.2302(1)(b)).
Property source and abatementExisting children's devises abate ratably; intestate branch uses statutory abatement order (§§ 700.2302(1)(b)(iv), (4), 700.3902).
Trust and nonprobate reachEquitable will interests mirrored if feasible; outside-will transfer may substitute with proven intent (§ 700.2302(1)(b)(iii), (2)(b)).

Requirements one by one

Child and will threshold

§ 700.2302(1) starts with a child born or adopted after execution for whom the will makes no provision. § 700.2302(3) separately protects a child already living when the will was signed if the testator omitted the child solely because the testator believed the child dead. That child receives a share as if later born or adopted.

Two share calculations

With no child living at execution, § 700.2302(1)(a) gives the later child the value of an intestate share, subject to its other-parent devise exception. When a child was living and the will devised property to a then-living child, § 700.2302(1)(b) instead pools only the devises to those then-living children and asks what equal share each child would have received if all omitted later children had been included. The interest should match the existing children's legal or equitable, present or future interests where feasible.

Evidence that changes the result

An intentional omission must appear from the will (§ 700.2302(2)(a)). A separate outside-will transfer can substitute for a will provision when the testator's statements show that purpose, or the amount or other evidence reasonably implies it (§ 700.2302(2)(b)). The latter test is about intent to substitute, not merely the existence of a gift.

Paying the share

In the existing-child branch, § 700.2302(1)(b)(iv) reduces those children's devises ratably while preserving the testamentary plan as far as possible. The no-living-child branch points to § 700.3902(1)–(3): property not disposed of by the will, residuary devises, general devises, then specific devises, subject to that section's will-intent and classification rules.

What trips people up

The other-parent exception requires all three statutory conditions: the will devises all or substantially all of the estate to that parent, the parent survives, and the parent is entitled to take under the will (§ 700.2302(1)(a)). It applies to the intestate-comparison branch; it is not a general exception to every omitted-child claim.

Common questions

Can a child believed dead when the will was signed qualify? Yes, if that belief was the sole reason for the omission. § 700.2302(3) treats the child like an omitted later-born or later-adopted child.

Is a lifetime gift automatically a substitute for a will provision? § 700.2302(2)(b) requires statements showing substitution intent or a reasonable inference of that intent from the amount or other evidence.

Statutes and sources

  • Mich. Comp. Laws §§ 700.2302 and 700.3902. Verbatim current text, official URLs, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Mich. Comp. Laws § 700.2302(1)(a) · accessed 2026-10-05
Mich. Comp. Laws § 700.2302(1)(b) · accessed 2026-10-05
Mich. Comp. Laws § 700.2302(2)–(4) · accessed 2026-10-05
Mich. Comp. Laws § 700.3902(1)–(3) · accessed 2026-10-05
This page gives general information about omitted-child statutes, not advice about a particular child, will, or estate. The will's words, other law, and the facts can change the result. Check current official law and consult a licensed adviser before acting.

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