Understanding Intestate Succession In Massachusetts
By Arnab
23 October, 2025
Blogging
Let’s be honest—talking about what happens after you die isn’t exactly dinner table material. But weird as it feels, estate planning matters.
A lot. And when someone passes without a will, things can get messy—fast. In Massachusetts, that’s where intestate succession kicks in. It’s basically the state’s default plan for who gets what when there’s no will.
If you’ve ever had to sort through a loved one’s stuff without clear instructions, you know how stressful it can be. That’s why understanding Massachusetts’ rules around intestate succession isn’t just legal jargon—it’s practical. This isn’t about theory; it’s about real families trying to do right by someone who’s gone.
What Is Intestate Succession?
So, intestate means dying without a valid will — simple enough. Succession is about how the dead person’s stuff gets passed on legally. Put together, intestate succession Massachusetts is the set of rules that decide who inherits when someone hasn’t left a will or plan.
These laws aim to make the transfer of property fair and predictable to surviving family members. Usually, it tries to match what most folks would want—providing for their closest family. But let’s be real, it might not always line up perfectly with what the person actually wanted.
The Legal Framework In Massachusetts
Massachusetts lays this all out in the Uniform Probate Code—Chapter 190B of the General Laws. Dry reading? Absolutely. But it’s the rulebook for who gets what and how much.
The Probate and Family Court runs the show here. They appoint a personal representative—kind of like an executor, even if there’s no will. That person’s job? Pay off debts, handle taxes, and distribute whatever’s left to the right heirs.
And no, you can’t just skip probate because there’s no will. In fact, it’s often more complicated without one. If you want to dig into the legal text, the Massachusetts Legislature’s website has Chapter 190B posted. Good luck parsing it all, though—some of it reads like it was written in another century.
What Property Is Affected by Intestate Succession?
Not everything gets caught up in probate. Only assets that would’ve passed through a will—what’s called the “probate estate”—are subject to intestate succession.
So, stuff like:
- Real estate owned solely by the deceased
- Cars, jewelry, furniture—basically personal belongings
- Bank accounts with no beneficiary named
- Investments held in their name only
But here’s where people get tripped up: some assets bypass probate entirely. That means they go straight to someone, will or no will. Think:
- Jointly owned property (like a house with a spouse)
- Life insurance payouts—those go to whoever was named as beneficiary
- 401(k)s or IRAs with designated heirs
- Anything in a living trust
These don’t go through the court. They transfer automatically. Which is great—if you set it up right. But if you didn’t? Then it all falls back on the state’s rules.
How Inheritance Works Under Intestate Succession In Massachusetts
Who gets what depends entirely on who’s still around. Massachusetts has a pretty clear pecking order—starting with the spouse, then kids, then parents, and so on.
1. If There Is a Surviving Spouse
This is where it gets a little messy. The spouse doesn’t always get everything. It depends on whether there are kids, and whose kids they are.
- No kids, no parents? Spouse gets 100%.
- Kids together with the spouse? Still 100% to the spouse.
- But if the deceased had kids from another relationship? Spouse gets the first $100,000 plus half of what’s left. The rest goes to those kids.
- No kids, but living parents? Spouse gets $200,000 plus three-quarters of the remainder. Parents split the rest.
It’s not exactly intuitive, right? Especially that last one. But that’s the law.
2. If There Is No Surviving Spouse
No spouse? Then it goes to blood relatives—starting with the kids. If there are any, they split the estate equally.
No kids? Then it goes to the parents.
Still no one? Then siblings—or their kids, if a sibling has passed.
And if even that line runs dry? Then it goes further out: grandparents, aunts, uncles, cousins. The state digs deep.
3. If There Are No Living Relatives
And yeah—this can happen. If no relatives show up after a serious search, the estate “escheats” to the state. Meaning Massachusetts keeps it.
It’s rare. Like, really rare. But it’s happened. Usually, in cases where someone lived alone, had no contact with family, and never made a will.
Special Situations In Intestate Succession
Family isn’t always simple. And the law tries to account for that.
- Adopted kids? Treated exactly like biological ones. They inherit the same.
- Stepkids or foster kids? Sorry—unless legally adopted, they’re out of luck. No automatic right to inherit.
- Half-siblings? They count. Same as full siblings. Blood is blood, legally speaking.
- A child born after the parent dies? If they were conceived before, they still get their share.
- Kids born outside marriage? They can inherit—but only if paternity was legally established. Either before or after death.
It’s not perfect, but it tries.
The Role Of The Probate Process
Even without a will, probate usually still happens. The court intervenes to ensure that debts are paid, taxes are settled, and assets are distributed to the rightful owners.
The personal representative, appointed by the judge, does the heavy lifting. They notify creditors, file paperwork, and handle disputes. And yeah, people do fight. Even without a will, someone might claim they were promised something. Or question who’s really a legal heir.
Probate can take months. Sometimes over a year. The more complicated the estate, the longer it drags.
Common Challenges In Intestate Estates
No will means no roadmap. And that’s where problems start.
Who should manage the estate? Who gets the family home? What about the vintage car collection? Without clear instructions, even well-meaning families can end up in arguments.
Blended families? That’s a minefield. Kids from different relationships, ex-spouses, new partners—it gets messy fast. And if the estate has debts? That’s another layer.
The law provides a structure, sure. But it doesn’t prevent conflict. If anything, it can fuel it—especially when people feel left out or shortchanged.
Conclusion
Intestate succession in Massachusetts isn’t about punishment. It’s a backup plan. A safety net.
But like any default setting, it’s not personalized. It doesn’t know your story. It doesn’t care that your brother helped you through chemo or that your cousin raised your kids when you couldn’t.
That’s why knowing how it works isn’t just about legal compliance. It’s about realizing: if you don’t speak up now, the state will decide for you later.
And honestly? Most people wouldn’t want that.
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