Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
When a Massachusetts resident dies without a valid will, their estate passes under the state’s intestacy rules, codified in the Massachusetts Uniform Probate Code (MUPC), M.G.L. c. 190B, §§ 2-101 to 2-114. The court appoints a personal representative to collect assets, pay debts and taxes, then distribute the remainder to heirs in this order:
1. Surviving Spouse
- If there is a spouse but no descendants, the spouse inherits the entire estate. (M.G.L. c. 190B § 2-102(a))
- If there is a spouse and descendants who are all also descendants of the spouse, the spouse receives the first $100,000 plus half of the remaining estate; the descendants share the other half. (M.G.L. c. 190B § 2-102(b)(1))
- If there is a spouse and descendants, but some descendants are not descendants of the spouse, the spouse still takes $100,000 plus half of the remainder; the descendants collectively share the other half. (M.G.L. c. 190B § 2-102(b)(2))
2. Descendants Only
If there is no surviving spouse, the entire estate goes to the decedent’s descendants per stirpes (by branch of the family). (M.G.L. c. 190B § 2-103)
3. Parents
If the decedent has no spouse or descendants, the estate passes equally to the surviving parent(s). (M.G.L. c. 190B § 2-104)
4. Siblings and Their Descendants
Absent spouse, descendants or parents, the estate goes to siblings and their descendants per stirpes. (M.G.L. c. 190B § 2-105)
5. More Remote Relatives
If none of the above exist, the estate passes to grandparents, aunts, uncles, and further relatives following the priority scheme in M.G.L. c. 190B §§ 2-106 to 2-107. If no relatives are found, the estate escheats to the Commonwealth. (M.G.L. c. 190B § 2-107)
Helpful Hints
- Start by checking with the probate court in the county where the decedent lived to confirm whether a will was filed.
- Gather documentation: death certificate, asset titles, account statements and lists of potential heirs.
- File a petition for appointment of a personal representative in probate court to begin administration.
- Notify creditors and pay valid debts before making distributions to heirs.
- Review M.G.L. c. 190B carefully or consult an attorney to ensure proper calculation of the spouse’s elective share.
- Use certified mail when notifying heirs to create proof of notice.
- Keep clear records of all transactions—banks may require them before allowing disbursements.
- Consider mediation if heirs contest distribution or priorities.