Probate in Massachusetts: What Your Family Goes Through Without a Will

When someone dies without a will in Massachusetts, the estate is must follow the state's intestate succession laws through the Probate and Family Court. If you want to skip probate, consider doing the following.  

• Make sure your life insurance policies have a designated beneficiary.

• Put a beneficiary on any retirement accounts.

• Property held in joint tenancy with right of survivorship.

• Make sure all bank accounts have a payable-on-death designation.

If none of these apply, Massachusetts offers Voluntary Administration for estates with personal property worth $25,000 or less, not counting one motor vehicle. This process cannot be used if the decedent owned real estate solely in their own name.

Succession Laws Without a Will in Massachusetts

Massachusetts is not a community property state, so all individually owned assets are treated the same even if they were acquired before a marriage. Under Mass. General Laws c.190B, section 2-102, this is what you can expect without a will.

• If you are married with no descendants and you have no surviving parent, your spouse inherits everything.

• If you have no descendants but a surviving parent, your spouse inherits the first $200,000, plus three-quarters of the balance. Your parent inherits the rest of the estate.

• If all of your descendants are also your spouse's, and your spouse has no descendants from another relationship, your spouse inherits everything.

• If your spouse has descendants from another relationship, or you have descendants who are not your spouse's, your spouse inherits the first $100,000, plus half of the balance. Your descendants inherit the rest.

• If you have no surviving spouse, your descendants inherit everything, followed by your parents, then your siblings, if there are no closer relatives.

Want to compare your options before or after probate? Compare what is included in a will and a trust.