What Happens If You Die Without A Will In Massachusetts? Understanding Intestate Succession

You have probably heard that dying without a will means “the state decides who gets your stuff.” Is that actually true, or is it more complicated than that? In Massachusetts, the answer is both. The state does not seize your property, but it does apply a fixed formula to divide it, and that formula may look nothing like what you would have chosen yourself.

What It Actually Means to Die Intestate

When someone dies without a valid will, they are said to have died intestate. Their estate then passes through intestate succession, a court supervised process governed by the Massachusetts Uniform Probate Code, specifically Massachusetts General Laws Chapter 190B, Article II. Rather than following your personal wishes, the probate court identifies your closest legal heirs and distributes your intestate estate according to a set formula. It is worth noting that intestate succession only applies to property that would have otherwise passed through a will. Assets held in joint tenancy, accounts with named beneficiaries, and property held in trust generally pass outside this process entirely, regardless of whether you had a will.

How a Surviving Spouse’s Share Actually Gets Calculated

Under Massachusetts General Laws Chapter 190B, Section 2-102, what a surviving spouse receives depends heavily on whether you also have surviving children or parents. A few common scenarios illustrate how differently this can play out:

• If you have no surviving children or parents, your spouse inherits the entire intestate estate
• If all of your surviving children are also your spouse’s children, and your spouse has no other children of their own, your spouse again inherits everything
• If you have children from a prior relationship, your spouse receives the first $100,000 of the estate plus half of the remaining balance, with the rest divided among your children
• If you have no surviving children but a surviving parent, your spouse receives the first $200,000 plus three quarters of the balance, with the remainder going to your parent

What Happens When There Is No Surviving Spouse

If no spouse survives you, Massachusetts General Laws Chapter 190B, Section 2-103 sets out a specific order of priority. Your estate first passes to your descendants. If none survive you, it passes to your surviving parents. If neither exists, it moves outward to the descendants of your parents, meaning siblings, nieces, and nephews, and continues along an increasingly distant chain of relatives if closer heirs cannot be found.

Why This Formula Rarely Matches What People Actually Want

Intestate succession does not account for unmarried partners, close friends, stepchildren you never formally adopted, or specific charitable intentions. It also does not let you choose who administers your estate or serves as guardian for minor children. Have you thought about whether this default formula actually reflects who you would want to receive your property?

Talk to an Attorney About Putting a Will in Place

Understanding how intestate succession works is often the clearest argument for having a properly drafted will in the first place. Our Norwood estate planning attorneys at Fisher Law, LLC help clients throughout the Greater Boston area put a plan in place that actually reflects their wishes. Please do not hesitate to contact Fisher Law, LLC today to schedule a confidential consultation.

Source:

mass.gov/info-details/mass-general-laws-c190b-ss-2-102