Who Inherits and Who Owns the Property After a Grandparent Dies — Massachusetts

Detailed Answer

This guide explains how to find the rightful heirs and who owns real property after a grandparent dies in Massachusetts. It describes the practical steps you can take, the difference between probate and non‑probate transfer, how intestacy works in general, and where to go for official records. This is educational information only and not legal advice.

1. First steps — secure documents and the death certificate

• Obtain several certified copies of the death certificate from the Registry of Vital Records: https://www.mass.gov/orgs/registry-of-vital-records-and-statistics. Many institutions (banks, the Registry of Deeds, Social Security) require certified copies.
• Search the decedent’s papers and home for a will, trust documents, beneficiary forms, title papers, deeds, mortgage statements, and insurance policies. Check a safe deposit box, leather file, or desk safe.
• Ask the funeral home or the decedent’s attorney whether anyone filed a will with the probate court.

2. Did the property pass outside probate?

Some property transfers automatically on death and never goes through probate. Check whether the property is one of these types:

• Joint tenancy with right of survivorship or tenancy by the entirety (common for spouses): the surviving joint owner typically takes full ownership automatically. Confirm by reviewing the deed and land records at the county Registry of Deeds or MassLandRecords: https://www.masslandrecords.org/ or https://www.mass.gov/orgs/registries-of-deeds.
• Property held in a trust: the successor trustee manages or transfers property according to the trust terms. Look for trust documents.
• Accounts or policies with named beneficiaries (life insurance, retirement accounts, bank TOD/POD accounts): those pass to the named beneficiary directly and do not enter probate.

3. If the property is probate property — who inherits under Massachusetts law?

If the deceased left a valid will, the will controls how probate property is distributed (subject to challenges). If there is no will, Massachusetts follows the statutes in the Massachusetts Uniform Probate Code (Chapter 190B) that govern intestacy (distribution when there is no valid will). See the chapter here: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter190B.

In plain terms, intestacy places heirs into priority groups. The common order is:

1. Surviving spouse (often entitled to a substantial portion or all of the estate depending on whether the deceased also left surviving children).
2. Descendants (children, grandchildren) — they often take in place of a predeceased parent (per stirpes).
3. Parents of the decedent.
4. Siblings and their descendants.
5. More remote relatives (aunts, uncles, cousins) in the absence of closer relatives.
6. If no heirs can be found, the property may escheat to the Commonwealth of Massachusetts.

For the precise statutory rules and definitions (for example, how a spouse’s share is calculated or how adopted children are treated), see the Massachusetts Probate Code (Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter190B.

4. How to locate a will or the person appointed to administer the estate

• Contact the Probate and Family Court in the county where the grandparent lived. If someone has opened a probate case, the court file will show whether a will exists and who the personal representative (executor or administrator) is. Court information: https://www.mass.gov/orgs/probate-and-family-court.
• If someone has been appointed, the court issues “Letters Testamentary” (if there is a will) or “Letters of Administration” (if there is no will). Those letters are proof of authority to deal with estate property and to transfer title at the Registry of Deeds.
• If no probate case exists and you believe the estate must be probated, you or a likely heir can file a petition with the Probate Court to open an estate.

5. How to check property ownership and title

• Search the Massachusetts Land Records (MassLandRecords) or the local county Registry of Deeds to find the deed and current owner information: https://www.masslandrecords.org/ and https://www.mass.gov/orgs/registries-of-deeds.
• Tax records at the town or city assessor’s office will show who is currently listed as the property owner and provide parcel information.
• If you find that the deed names the decedent alone, and the property is probate property, the person appointed by the Probate Court will typically need to sign a deed to transfer ownership to heirs or buyers and record it at the Registry of Deeds.

6. Common ways ownership is transferred after probate

• Non‑probate transfer: beneficiary designation, joint tenancy, trust, or life estate — these pass automatically; you’ll need the death certificate and the account or title holder’s forms to change ownership.
• Probate transfer: the personal representative uses court authority (Letters) to sell or transfer property. The transfer is recorded with a deed at the Registry of Deeds.
• Small estates: Massachusetts has simplified procedures for small estates and for certain personal property. Check the Probate Court’s forms and guidance: https://www.mass.gov/guides/probate-and-family-court-forms.

7. Practical investigative steps — a checklist

1. Get certified death certificates.
2. Search for a will and trust documents in the decedent’s papers, safe deposit box, bank, or with the decedent’s lawyer.
3. Call the Probate and Family Court where the grandparent lived to ask whether a probate case or a filed will exists.
4. Search land records at MassLandRecords or the local Registry of Deeds to see how title is held and whether the property has any liens.
5. Check the town/city assessor for current ownership records and tax status.
6. Confirm beneficiaries on retirement accounts, life insurance, and payable-on-death accounts.
7. If no one has opened an estate and heirs are unclear, consider asking the Probate Court about opening an estate or requesting instructions on heirship searches and notice requirements.

8. When to consider hiring a lawyer

If you encounter any of these situations, you should strongly consider consulting an estate or probate attorney to protect your rights and ensure proper procedure:

• There is a valid will but its interpretation or validity is disputed.
• Heirs disagree about who should inherit or who should be appointed personal representative.
• Title to real estate is contested, or multiple people claim ownership.
• The estate has significant assets, debts, or tax issues.

9. Useful Massachusetts resources and statutes

• Massachusetts Uniform Probate Code (Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter190B
• Probate and Family Court (locations, forms, filing info): https://www.mass.gov/orgs/probate-and-family-court
• Massachusetts Registry of Vital Records (death certificates): https://www.mass.gov/orgs/registry-of-vital-records-and-statistics
• MassLandRecords and Registries of Deeds: https://www.masslandrecords.org/ and https://www.mass.gov/orgs/registries-of-deeds
• Probate and Family Court forms guide: https://www.mass.gov/guides/probate-and-family-court-forms

Helpful Hints

• Get multiple certified death certificates early. You will need them repeatedly.
• Look for an attorney’s contact information in the decedent’s files — attorneys often hold original wills or copies and can point you to the probate file if one exists.
• If the deed shows joint owners with right of survivorship, the surviving owner likely owns the property outright; still record the death certificate with the Registry of Deeds to clear title.
• Keep a log of people you contact and documents you request — courts and institutions will ask for proof of your communications.
• If you cannot locate heirs or the will, the Probate Court has procedures for giving notice to potential heirs; probate clerks can explain local filing requirements.
• Public libraries, town clerks, and the Probate Court can help you find local records if you do not know where to start.

Disclaimer: This article provides general information about Massachusetts probate and property transfer procedures. It is not legal advice. For advice about a specific situation, consult a licensed Massachusetts attorney or the Probate and Family Court.