Detailed Answer — When Massachusetts requires probate if someone dies without a will

Short answer: possibly. In Massachusetts, dying without a will (intestate) does not automatically force a full probate administration in every case, but it often makes probate necessary whenever the deceased owned assets solely in their name that cannot pass outside probate. Massachusetts law governing intestacy and estate administration is found in Chapter 190B of the Massachusetts General Laws. See the statutes at Mass. Gen. Laws ch. 190B (Probate Code) and general Probate & Family Court guidance at Massachusetts Probate and Family Court.

How you decide whether probate is required

1. Identify titled assets and beneficiaries. Probate is most often required for assets titled solely in the decedent’s name (bank accounts, brokerage accounts, vehicles, real estate, etc.) when there is no beneficiary or co-owner who can receive the property automatically.
2. Check for transfer mechanisms that avoid probate. Assets that usually pass outside probate include property held jointly with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance and retirement accounts with named beneficiaries, and property with a living trust.
3. Consider small-estate alternatives and forms. Massachusetts provides simplified procedures or informal administration options for small estates or limited transfers (see local Probate Court rules and forms). Whether a simplified method applies depends on what the estate owns and specific court rules. Contact the Probate Court or review its forms page for available options.

What happens if probate is opened after someone dies intestate?

If there is no will, the Probate Court will follow Massachusetts intestacy rules to appoint a personal representative (sometimes called an administrator) and to distribute assets to heirs according to statutory priority. The typical order of priority and the shares heirs receive are set out in the Probate Code (Chapter 190B). The court process usually includes:

• Filing a petition to open an estate and appoint a personal representative;
• Providing notice to potential heirs and creditors;
• Inventorying estate assets and paying valid debts and taxes; and
• Distributing remaining property in accordance with intestacy rules in the statute.

Common scenarios

Below are typical outcomes you may see when there is no will:

• Mostly jointly titled property and beneficiary designations: Probate may not be necessary because the property transfers directly to the co-owner or named beneficiary.
• Solely owned house or bank accounts: Probate is likely needed to transfer title and to appoint someone with authority to act for the estate.
• Small estates with limited assets: Simplified or informal procedures may allow limited transfers without a full administration—check local court rules and forms.
• Disputes among family members or creditors: Probate is the forum where the court resolves disputes and supervises the process.

Where the law explains intestacy and administration

Massachusetts’ intestacy and probate provisions are codified in Chapter 190B of the Massachusetts General Laws. For the statutory rules on intestate distribution and appointment of administrators, see the Probate Code: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B. For practical guidance, local rules, and forms, visit the Probate & Family Court pages: https://www.mass.gov/orgs/probate-and-family-court.

Important practical notes

• Creditors normally must be given notice; probate provides a secure process to handle claims.
• Real property transfers usually require court authority unless the property passes by right of survivorship or another non-probate device.
• Even when probate is not legally required, institutions (banks, registries of deeds, etc.) often require court paperwork to clear title or release funds.

Disclaimer: This article explains general principles of Massachusetts probate and intestacy law for educational purposes only. It is not legal advice. Laws change and individual situations differ—if you need specific guidance, consult a Massachusetts probate attorney or contact the local Probate & Family Court.

Helpful Hints — Steps and practical tips when someone dies without a will in Massachusetts

• Start by making an asset list and locating deeds, account statements, titles, insurance policies, and beneficiary designations.
• Look for joint owners and named beneficiaries—these items often let property pass outside probate.
• Contact the local Probate & Family Court to ask about simplified procedures and required forms: Massachusetts Probate & Family Court.
• If property appears solely in the decedent’s name, plan on opening probate or a small-estate procedure so someone can legally act for the estate.
• Gather basic documents before filing: death certificate(s), the decedent’s identification, account numbers, deeds, and any prior estate planning documents.
• Ask banks or institutions what paperwork they require—some accept an affidavit for small amounts, others require court letters appointing a personal representative.
• Expect creditor notices and a possible claims period—you or the administrator must give proper notice and handle valid claims before distribution.
• When family relationships or asset values are complex, consult a probate attorney early to avoid costly mistakes or delays.

Useful links: Mass. Gen. Laws ch. 190B and Massachusetts Probate & Family Court.

Final reminder: This information is educational only and not a substitute for legal advice. Contact a licensed Massachusetts probate attorney or the Probate & Family Court for help with a specific case.