Intestate Succession in Massachusetts: How Estates Pass Without a Will

What Is Intestate Succession in Massachusetts?

When someone dies without a valid will in Massachusetts, the state’s intestate succession laws determine who inherits their probate assets. These laws are found in the Massachusetts Uniform Probate Code, Mass. Gen. Laws ch. 190B, §§ 2-101 through 2-114, and apply when a person dies without a valid will.

In general, assets pass to a surviving spouse, children, parents, siblings, or other relatives according to an order established by Massachusetts law.

While these laws provide default inheritance rules, they do not consider a person’s individual wishes or family circumstances. As a result, assets may be distributed differently than the deceased person intended. This can be especially important for unmarried partners, stepchildren, chosen family members, and others who may not have inheritance rights under Massachusetts intestacy laws.

Intestate Succession and the Order of Heirs Under Massachusetts Law

Massachusetts intestacy laws establish an order of heirs who may inherit from an estate when someone dies without a will. In general, inheritance rights begin with a surviving spouse and children and then extend to parents, siblings, and more distant relatives if closer heirs do not exist.

• Spouse: A surviving spouse is usually first in line to inherit. The spouse’s share depends on whether the deceased is survived by children, parents, or children from another relationship. In some cases, the spouse inherits the entire estate. In others, the estate is shared with other heirs.
• Children: Children generally inherit any portion of the estate that does not pass to a surviving spouse. If there is no surviving spouse, children typically inherit the estate in equal shares.
• Parents: If the deceased is not survived by a spouse or children, the estate generally passes to the surviving parent or parents.
• Siblings: If there is no surviving spouse, child, or parent, the estate typically passes to siblings. If a sibling dies before the deceased, that sibling’s children may inherit their share.
• More distant relatives: If no immediate family members survive, the estate may pass to grandparents, aunts, uncles, cousins, or other relatives according to Massachusetts law.
• No eligible heirs: If no eligible heirs can be identified, the estate may pass to the Commonwealth of Massachusetts.
  

Intestate Succession and the Order of Heirs Under Massachusetts Law

Special Inheritance Rules Under Massachusetts Intestate Succession Laws

Certain family relationships are treated differently under Massachusetts intestacy laws.

• Half-siblings: Half-siblings generally have the same inheritance rights as full siblings. If there is no surviving spouse, child, or parent, they may inherit from the estate.
• Adopted children: Legally adopted children generally inherit in the same way as biological children.
• Foster children: Foster children do not automatically inherit unless they have been legally adopted or named in an estate plan.
• Posthumous children: Children conceived before, but born after, a parent’s death may still have inheritance rights.
• Unmarried partners: Unmarried partners do not automatically inherit under Massachusetts intestacy laws, regardless of the length of the relationship.
• Stepchildren: Stepchildren generally do not inherit unless they have been legally adopted.

Probate Assets vs. Non-Probate Assets

Intestate succession applies only to probate assets. Some assets pass directly to a beneficiary or surviving owner and do not go through probate.

Common examples of non-probate assets include:

• Life insurance policies with named beneficiaries
• Retirement accounts, such as IRAs and 401(k)s
• Payable-on-death (POD) and transfer-on-death (TOD) accounts
• Jointly owned property with rights of survivorship
• Assets held in a trust

Because these assets pass outside of probate, they are not distributed according to Massachusetts intestacy laws.

Probate assets, on the other hand, are distributed through the probate process. If there is no valid will, they pass according to Massachusetts intestate succession rules.

The Distribution Process Explained

When someone dies without a valid will, Massachusetts intestacy laws determine how their probate assets are distributed. While every estate is different, the process generally follows these steps:

• Determine whether a valid will exists: If a valid will is found, its instructions usually control how assets are distributed. If there is no will, or if the will is invalid, Massachusetts intestacy laws apply.
• Identify probate and non-probate assets: Some assets pass directly to a beneficiary or surviving owner and do not go through probate. These may include life insurance policies, retirement accounts with named beneficiaries, trust assets, and jointly owned property. Only probate assets are distributed under intestacy laws.
• Appoint a personal representative: The probate court appoints a personal representative (sometimes called an administrator) to manage the estate, gather assets, pay debts, and oversee the distribution process.
• Pay debts, taxes, and expenses: Before heirs receive an inheritance, the estate must pay valid debts, taxes, funeral expenses, and other costs related to administering the estate.
• Identify the legal heirs: The court determines who is entitled to inherit based on the deceased person’s surviving relatives and Massachusetts intestacy laws.
• Distribute the remaining assets: After debts and expenses have been paid, the remaining probate assets are distributed to the heirs.

Depending on the size and complexity of the estate, the probate process may take several months or longer to complete.

Legal Implications of Dying Without a Will

If you die without a valid will, Massachusetts intestacy laws determine who inherits your probate assets. While these laws provide default inheritance rules, they may not reflect your personal wishes or family circumstances.

Some potential consequences include:

• Probate court involvement: The probate court must identify heirs, appoint a personal representative, and oversee the distribution of assets. This can increase the time and cost of settling an estate.
• Family disputes: Without written instructions, disagreements may arise about property, estate administration, or what the deceased person would have wanted. These disputes can be more common in blended families or when multiple heirs are involved.
• Limited inheritance rights for certain loved ones: Unmarried partners, stepchildren, chosen family members, and others who are not recognized as legal heirs may not inherit from the estate.
• No opportunity to name a guardian for minor children: A will allows parents to express who they would like to care for their children. Without a will, the court may need to make that decision.
• Less control over asset distribution: Massachusetts law follows a set order of inheritance that may not match your wishes for beneficiaries, charitable gifts, or when assets should be distributed.

Estate planning allows you to decide how your assets will be distributed instead of relying on Massachusetts’ default inheritance rules.

Why Legal Guidance Matters

Massachusetts intestate succession laws can be more complex than many people realize. While the law provides a framework for distributing property when someone dies without a will, it does not account for every family structure, financial situation, or personal preference.

Legal guidance can help individuals and families understand:

• Who would inherit under Massachusetts intestacy laws: The outcome is not always as straightforward as many people expect, particularly in blended families, second marriages, or situations involving children from different relationships.
• Which assets are subject to intestate succession: Not all property passes through probate. Understanding the difference between probate and non-probate assets is an important part of estate planning.
• How non-traditional families may be affected: Unmarried partners, stepchildren, chosen family members, and others who are not recognized as legal heirs may not inherit under Massachusetts intestacy laws.
• How to avoid unintended outcomes: A will, trust, beneficiary designation, or other estate planning tool may help ensure assets pass according to your wishes rather than the state’s default inheritance rules.
• How to plan for incapacity and minor children: Estate planning can address issues that intestacy laws do not, including naming guardians for minor children and appointing trusted individuals to make financial or healthcare decisions.

Understanding how Massachusetts intestate succession laws work can help you make informed decisions about whether additional estate planning may be appropriate for your circumstances.

If you have questions about intestate succession, wills, trusts, or other estate planning tools, speaking with an estate planning attorney may help you better understand your options and create a plan that reflects your wishes.

Frequently Asked Questions

Do Stepchildren Inherit Under Massachusetts Intestate Succession Laws?

Generally, no. Stepchildren do not automatically inherit from an intestate estate unless they have been legally adopted. Without a will or other estate planning documents, stepchildren may receive nothing from the estate.

Can an Unmarried Partner Inherit if There Is No Will?

In most cases, no. Massachusetts intestacy laws do not automatically grant inheritance rights to unmarried partners, regardless of the length of the relationship. Individuals who wish to leave assets to a partner should consider creating a will or other estate planning documents.

Do Adopted Children Have the Same Inheritance Rights as Biological Children?

Yes. Under Massachusetts law, legally adopted children generally inherit in the same manner as biological children and are treated as heirs for purposes of intestate succession.

How Long Does Probate Take When Someone Dies Without a Will?

The timeline depends on the size and complexity of the estate. Even relatively straightforward estates can take several months to administer, while disputes, creditor claims, or difficult-to-value assets may extend the process significantly.

Can I Prevent My Estate From Being Distributed Under Intestate Succession Laws?

Yes. Creating a valid estate plan, such as a will or trust, allows you to determine who will inherit your assets rather than relying on Massachusetts’ default inheritance rules.