Massachusetts without a willHow Massachusetts Divides Your Assets Without a Will

When someone passes away without a will in Massachusetts, it’s called dying intestate. This means the state, rather than the deceased, decides how to distribute their property, assets, and belongings. While this legal process may seem straightforward on paper, the real-life consequences can be anything but.

If you’ve ever wondered what happens to your home, bank accounts, or personal items if you die in Massachusetts without a will, this guide breaks it down clearly. We’ll explain how intestacy laws work, who inherits what, and why relying on the state’s default plan may not align with your wishes.

Who Gets What? Understanding Massachusetts Intestacy Laws

When someone dies intestate in Massachusetts, the probate court follows a strict legal formula to determine who inherits the deceased person’s estate. This process is governed by the Massachusetts Uniform Probate Code (MUPC), a set of laws designed to handle estates without valid wills.

While the MUPC attempts to distribute property in a fair and logical way, the law doesn’t account for family dynamics, personal relationships, or the deceased’s preferences.

The distribution of an estate depends largely on the deceased person’s surviving family members. Here’s how it typically works in Massachusetts without a will:

If You Have a Spouse But No Children or Parents:

  • Everything goes to your spouse.

If You Have a Spouse and Children (All from the Same Marriage):

  • Your spouse inherits everything.

If You Have a Spouse and Children from Another Relationship:

  • Your spouse inherits the first $100,000 plus half of the remaining estate.
  • Your children split the other half equally.

If You Have a Spouse and Surviving Parents (But No Children):

  • Your spouse receives the first $200,000 plus three-quarters of the remaining estate.
  • Your parents receive the rest.

If You Have Children But No Spouse:

  • Your children inherit everything equally.

If You Have No Spouse or Children:

  • The estate passes to your parents.
  • If your parents are deceased, it goes to siblings.

No Immediate Family?

  • The inheritance process continues down the family tree—to nieces, nephews, grandparents, aunts, uncles, and cousins.
  • If no relatives can be located, the estate “escheats” to the Commonwealth of Massachusetts. This means the state takes ownership of everything.

Real-Life Consequences of Dying Without a Will

Massachusetts intestacy laws may look organized on paper, but real-world situations are often far more complex. Here’s how things can quickly become stressful or unfair:

1. Unintended Beneficiaries

  • If you’re in a long-term partnership but never legally married, your partner is entitled to nothing under Massachusetts law.
  • Estranged family members may end up inheriting assets simply because of how the law is written.

2. No Say in Guardianship of Minor Children

  • A will typically lets parents name who should raise their minor children. Without one, the court decides—potentially placing children with someone you wouldn’t have chosen.

3. Delays in Probate

  • Without a clear will, identifying heirs and managing the estate often leads to a longer, more expensive probate process. This can delay access to funds needed for mortgages, taxes, or day-to-day expenses.

4. Family Conflicts

  • Disagreements are common when there’s no guidance from a will. Siblings may fight over assets, property may need to be sold against someone’s wishes, and blended families often face particularly tense situations.

5. Loss of Family Property or Heirlooms

  • Without instructions, sentimental items—vacation homes, heirlooms, or special possessions—can be sold or divided without regard for emotional value.

What Happens to Debts and Taxes?

Massachusetts law requires debts, taxes, and final expenses to be paid from the estate before heirs receive anything. This includes:

  • Mortgage balances
  • Credit card debt
  • Medical bills
  • Final income taxes and Massachusetts estate taxes (if applicable)

If the estate doesn’t have enough liquid assets, property, including family homes, may need to be sold to satisfy debts.

Does Everything Go Through Probate?

Most assets go through probate if there’s no will, including:

  • Real estate
  • Bank accounts in the deceased’s name only
  • Personal property (cars, jewelry, furniture)

However, certain assets bypass probate automatically, such as:

  • Life insurance policies with named beneficiaries
  • Retirement accounts (401k, IRA) with designated beneficiaries
  • Jointly owned property with rights of survivorship

Common Misconceptions About Dying Without a Will in Massachusetts

  • “My spouse automatically gets everything.” Not always true, especially in blended families or when parents are alive.
  • “The state takes everything.” The state only claims your estate if no relatives can be found, even distant ones.
  • “I don’t own enough to need a will.” Even small estates involve property, personal belongings, or bank accounts that can cause disputes or delays.

How to Avoid Intestacy in Massachusetts

The solution is simple: create an estate plan. This typically includes:

  • A will that outlines who inherits what
  • A trust to avoid probate for certain assets
  • Guardianship designations for minor children
  • Powers of attorney for finances and healthcare decisions

An estate plan gives you, not the state, control over your legacy.

Protect Your Legacy 

Dying in Massachusetts without a will means surrendering control over who receives your assets, who cares for your minor children, and how your estate is handled. While the state’s intestacy laws attempt to distribute property fairly, they can’t reflect the personal relationships, wishes, and unique circumstances that make up your life.

Estate planning isn’t just about money. It’s about protecting your family, minimizing stress, and ensuring that your legacy reflects your values.

If you’re ready to take that next step, the estate planning attorneys at DaMore Law can help you create a plan that fits your needs and avoids the pitfalls of intestacy. Contact us today to schedule a consultation.