Understanding Intestate Succession in Massachusetts: How Property Is Distributed Without a Will
When a person passes away without leaving a valid will, their estate does not simply vanish or remain unclaimed. Instead, it is distributed according to a legal process known as intestate succession. Each state has specific laws determining how property is divided among surviving relatives. In the Commonwealth of Massachusetts, this process is governed by the Massachusetts Uniform Probate Code (MUPC).
Understanding how intestate succession Massachusetts works can help families navigate what is often an emotionally and legally complex situation. This article explains the basic rules of intestate succession, how the courts handle such cases, and what rights surviving family members have.
What Does Intestate Succession Mean?
The term “intestate” refers to dying without a valid will. When this occurs, the Massachusetts probate court applies a set of state laws to determine who inherits the deceased person’s property. This system assumes how most people would want their estate distributed—prioritizing spouses, children, and close relatives.
If a valid will exists, the estate is distributed according to the deceased’s wishes (a situation known as testate succession). But without one, intestate succession Massachusetts laws automatically apply.
The Legal Framework in Massachusetts
Intestate succession in Massachusetts is outlined in Massachusetts General Laws, Chapter 190B, which incorporates much of the Uniform Probate Code used in many other states. These laws govern the inheritance rights of surviving family members and specify the order of priority among potential heirs.
The court oversees the process to ensure that all legal and financial obligations—such as debts and taxes—are satisfied before assets are distributed. A personal representative (sometimes called an administrator) is appointed to manage the estate and ensure compliance with the law.
Who Inherits Under Intestate Succession in Massachusetts?
Surviving Spouse
A surviving spouse’s share depends on who else survives the decedent. Under Massachusetts law:
- If there are no descendants (children or grandchildren) or parents, the surviving spouse inherits the entire estate.
- If there are descendants who are also the spouse’s children, the surviving spouse still receives the entire estate.
- If there are descendants who are not the spouse’s children (for example, children from a prior marriage), the surviving spouse receives the first $100,000 of the estate plus one-half of the remaining balance. The rest goes to those children.
- If the deceased has no descendants but at least one surviving parent, the surviving spouse receives the first $200,000 plus three-fourths of the remaining estate, with the remainder going to the parents.
A Florida bankruptcy attorney—if relevant to debts or assets in other states—can sometimes be consulted when cross-state financial issues affect Massachusetts probate, though this is less common.
Children and Descendants
If there is no surviving spouse, the estate passes entirely to the deceased’s descendants—usually children, and if they are deceased, to grandchildren by representation. This distribution ensures that each family branch receives an equal share.
For example, if a parent dies leaving two children, each child inherits 50% of the estate. If one child has already passed away but has two children of their own, those grandchildren together inherit the deceased child’s 50% share (each receiving 25%).
Parents
If there are no descendants or surviving spouse, the deceased’s parents inherit the estate in equal shares. If only one parent survives, that parent receives the entire estate.
Siblings and Extended Relatives
If there are no surviving parents, the estate passes to siblings or their descendants. If there are no siblings or nieces and nephews, the law continues down the family line to grandparents, aunts, uncles, and cousins.
The Commonwealth of Massachusetts
If no legal heirs can be found, the property ultimately passes—or escheats—to the Commonwealth of Massachusetts. This outcome is rare but demonstrates the state’s responsibility for unclaimed estates.
Property Subject to Intestate Succession
Not all assets are distributed under intestate succession laws. Some property passes directly to beneficiaries or co-owners outside of probate. These non-probate assets include:
- Jointly owned property, such as homes or bank accounts with rights of survivorship
- Life insurance policies with named beneficiaries
- Retirement accounts, such as 401(k)s or IRAs, with designated beneficiaries
- Transfer-on-death (TOD) or payable-on-death (POD) accounts
Only assets owned solely in the deceased’s name and without a designated beneficiary are subject to intestate distribution through probate. A probate lawyer or estate planning attorney can help determine which assets qualify.
The Role of the Probate Court
When someone dies intestate, the Massachusetts probate court supervises the distribution of their estate. The process typically involves:
- Filing a Petition for Administration: A family member or interested party petitions the court to open probate and appoint a personal representative.
- Appointing a Personal Representative: The court designates an individual—often a surviving spouse or adult child—to manage the estate.
- Inventory and Valuation: The representative identifies and values all assets.
- Debt Payment: Outstanding debts and taxes are paid before any distribution.
- Distribution to Heirs: Once obligations are met, the remaining property is distributed according to intestate succession Massachusetts law.
This process can take several months or longer, depending on the estate’s complexity and whether disputes arise among heirs.
Why Understanding Intestate Succession Matters
Even though intestate succession provides a legal default, it may not always reflect the deceased’s personal wishes. For instance, the law does not account for unmarried partners, stepchildren, or charitable organizations unless explicitly named in a will. As a result, close relationships outside the legal family structure may receive nothing.
Understanding intestate succession Massachusetts helps families anticipate how an estate will be handled if no will exists and highlights the importance of proactive estate planning. By understanding the legal process, individuals can better prepare for potential challenges and ensure that family members’ rights are protected.
Legal Resources in Massachusetts
Those seeking more information on inheritance laws and probate procedures can consult:
- Massachusetts General Laws, Chapter 190B (Uniform Probate Code)
- Massachusetts Probate and Family Court
These resources provide detailed information about intestate succession, estate administration, and probate procedures across the state.
Conclusion
Intestate succession Massachusetts laws ensure that when someone dies without a will, their estate is distributed in a structured, legally fair manner. The system prioritizes close family members—spouses, children, parents, and siblings—while providing clear guidance for the probate courts.
Although these laws offer protection and predictability, they also underscore the importance of understanding how property passes under state law. By knowing the rules of intestate succession, families can approach the process with clarity and reduce the potential for confusion or conflict during an already difficult time.
Author
