MCL 700.3101 Devolution of Estate at Death; Restrictions

Sec. 3101.Devolution of estate at death; restrictions.

An individual's power to leave property by will, and the rights of creditors, devisees, and heirs to his or her property, are subject to the restrictions and limitations contained in this act to facilitate the prompt settlement of estates. Upon an individual's death, the decedent's property devolves to the persons to whom the property is devised by the decedent's last will or to those indicated as substitutes for them in cases involving lapse, disclaimer, or other circumstances affecting devolution of a testate estate, or in the absence of testamentary disposition, to the decedent's heirs or to those indicated as substitutes for them in cases involving disclaimer or other circumstances affecting devolution of an intestate estate, subject to homestead allowance, family allowance, and exempt property, to rights of creditors, to the surviving spouse's elective share, and to administration.

Overview

Michigan Compiled Laws 700.3101 establishes a structural rule of Michigan probate law: A decedent’s property devolves at death.

Devolution occurs immediately upon death by operation of law. Probate administration does not create ownership. It regulates, marshals, and may reduce what has already devolved.

The statute also makes clear that testamentary freedom and succession rights are not absolute. They are expressly subject to statutory limitations designed to facilitate the prompt settlement of estates.

What Devolves — and To Whom

At the moment of death:

• Property devised by will passes to the named devisees.
• If a devise fails because of lapse, disclaimer, or similar circumstance, statutory substitutes take.
• If there is no will, property passes to the decedent’s heirs.
• If an heir disclaims or similar circumstances apply, statutory substitutes take.

This transfer happens automatically by operation of law.

The Nature of the Interest Received

Although devolution is immediate, the interest received is not absolute.

The statute expressly subjects devolved property to:

• Homestead allowance
• Family allowance
• Exempt property
• Rights of creditors
• The surviving spouse’s elective share
• Administration

An heir or devisee therefore receives an interest that is typically vested, but subject to statutory claims, reduction, control, and potential divestment.

Devolution and Administration

MCL 700.3101 distinguishes between:

• Devolution, which occurs at death; and
• Administration, which governs the orderly settlement of the estate.

Administration does not mean the estate "owns" the property in place of heirs or devisees. Rather, the personal representative administers property that has already devolved, subject to statutory authority and fiduciary duties.

This distinction is critical in questions involving:

• Title analysis
• Creditor priority
• Elective share claims
• Standing and vesting of rights
• Timing of interests

Legislative Purpose

The statute states that these restrictions exist "to facilitate the prompt settlement of estates."

This language signals that the probate system balances competing interests:

• Testamentary intent
• Family protections
• Creditor rights
• Administrative efficiency

Devolution is immediate, but it operates within a structured statutory framework designed to ensure orderly settlement.

Practical Significance

Title: Property is not in limbo between death and probate. It devolves immediately, subject to statutory limitations.

Creditors: Devisees and heirs take subject to creditor claims and expenses of administration.

Family Protections: Allowances and exempt property operate as statutory carve-outs from what would otherwise pass.

Elective Share: A surviving spouse’s elective share can override testamentary disposition.

MCL 700.3101 is therefore a foundational provision for understanding how ownership shifts at death under Michigan law.