What Happens if You Die Without a Will in Massachusetts?
If you die without a will in Massachusetts, your assets pass to your closest relatives under the state's intestate succession laws found in Mass. General Laws c.190B, section 2-102. Who inherits, and how much, depends on your marital status and family situation.
If You are Married with Children
- If all of your descendants are also your spouse's, and your spouse has no descendants from another relationship, your spouse inherits the estate.
- If your spouse has descendants from outside of your 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 remainder, divided equally.
If You are Married Without Children
- If you have no surviving parent, your spouse inherits everything.
- If you have a surviving parent, your spouse inherits the first $200,000, plus three-quarters of the balance. Your parent inherits the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit everything in equal shares, per capita at each generation. This includes legally adopted children.
If You Don't Have a Spouse or Children
Your assets pass to your parents. If both are deceased, they pass to your siblings and their descendants.
If No Living Relatives Can Be Found
If the court cannot locate a spouse, descendant, parent, or a descendant of a parent, your property escheats to the Commonwealth of Massachusetts. This is uncommon in practice as the state will contact even distant relatives.
Other Things to Know about Dying Without a Will in Massachusetts
- Massachusetts is not a community property state, so property division doesn't depend on how or when it was acquired during the marriage.
- The Probate and Family Court will appoint a personal representative to administer the estate.
- Stepchildren generally do not inherit part of the estate unless they were legally adopted.
- Massachusetts levies its own state estate tax on estates over $2,000,000, separate from any federal estate tax.
When Does an Estate Go Through Probate Without a Will
If your only assets are personal property (not real estate) totaling $25,000 or less, not counting one vehicle, your family may qualify for Voluntary Administration instead of a full probate proceeding, once at least 30 days have passed since the death.
Ready to get started? Take our quiz to see if a will or trust is right for you.
