What Happens If You Die Without a Will in Massachusetts?

If you pass away in Massachusetts without a valid will, the state — not you — decides who inherits your home, your savings, and your personal belongings. This is called dying "intestate," and the results often surprise families who assumed everything would automatically go to a spouse or children.

At Murray Law Firm P.C., we help Massachusetts families avoid these outcomes every day.

Here is what you need to know.

What Does "Intestate" Mean?

When someone dies without a will, Massachusetts applies its intestate succession laws (M.G.L. c. 190B) to distribute the estate. A Probate Court judge oversees the process, and a personal representative is appointed to handle the estate — often someone you might not have chosen yourself.

Who Inherits Under Massachusetts Law?

The distribution depends on which family members survive you. Here are the most common scenarios:

• Married with children, you share with your spouse: Your spouse inherits the entire estate.

• Married with children from a previous relationship: Your spouse receives the first $100,000 plus half of the remaining estate. Your children split the rest.

• Married with surviving parents but no children: Your spouse receives the first $200,000 plus three-quarters of the balance. Your parents receive the remainder.

• Unmarried with children: Your children inherit equally.

• Unmarried with no children: Assets pass to parents, then siblings, then more distant relatives.

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If no relatives can be located, your assets ultimately escheat to the Commonwealth of Massachusetts.

What a Will Cannot Do — Even If You Have One

Some assets pass outside of probate regardless of your will, including:

• Jointly owned property with right of survivorship

• Life insurance and retirement accounts with named beneficiaries

• Assets held in a trust

  
  

This is why a complete estate plan often involves more than just a will.

The Hidden Costs of Dying Without a Will

Beyond who inherits, intestacy creates real burdens for the people you leave behind:

• Longer, more expensive probate proceedings

• Family disputes over who should administer the estate

• No guardian named for minor children — the court decides

• No tax planning, which can mean a larger estate tax bill in Massachusetts (where the threshold is $2 million as of 2023)

  
  

Take Control of Your Legacy

A will is one of the most meaningful documents you will ever sign. It protects your spouse, provides for your children, names a guardian if needed, and spares your family months of uncertainty during an already painful time.

The good news? Creating a will is straightforward when you work with an experienced Massachusetts estate planning attorney.

Murray Law Firm P.C. has helped Massachusetts families plan for the future for over 30 years. We offer free initial consultations by phone, Zoom, or in person at our Newton office.

📞 Call 978-579-9800 or schedule your free consultation online today.