What Happens if You Die Without a Will in Massachusetts?
When someone passes away without a will in Massachusetts, it can leave loved ones with legal uncertainty during an already difficult time. Dying without a will—also known as dying intestate—means the state decides how your assets are distributed. If you want to ensure your estate is handled according to your wishes, it’s important to understand how intestate succession in Massachusetts works.
In this post, we’ll break down what happens if you die without a will in MA, who gets what, and how a probate attorney in Boston can help you or your family navigate the process.
What Is Intestate Succession?
Intestate succession is the legal process Massachusetts uses to distribute your assets if you pass away without a valid will. This process is guided by state law—not your personal preferences or verbal promises made during your lifetime.
Assets that go through intestate succession include:
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Real estate in your name only
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Bank accounts without designated beneficiaries
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Personal property
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Investments and retirement accounts without named beneficiaries
Assets that typically do not go through intestate succession include jointly owned property, life insurance with a named beneficiary, and accounts with transfer-on-death designations.
Who Inherits Your Property?
Under Massachusetts law, your next of kin will inherit your estate based on a strict order of priority. Here’s a simplified breakdown:
➤ If You’re Married (But Have No Children or Parents)
Your surviving spouse generally inherits everything.
➤ If You’re Married With Children
Your spouse usually inherits the first $100,000 plus half of the remaining estate. The rest goes to your children.
➤ If You’re Married With Children from Another Relationship
Your spouse may receive less, and more may go directly to your children from previous relationships. This can create complications and conflict if not clearly planned for.
➤ If You’re Unmarried With Children
Your children inherit everything, divided equally.
➤ If You’re Unmarried With No Children
Your estate goes to your parents. If they are deceased, it goes to your siblings, then to more distant relatives.
What Happens to Minor Children?
If you pass away without a will and have minor children, a court will appoint a guardian—someone to raise your children and manage their inheritance. Without a will, you lose the opportunity to choose that person yourself. This is one of the most important reasons to create an estate plan if you’re a parent.
Why You Shouldn’t Leave It to the State
Even if Massachusetts law tries to follow a fair process, dying without a will can lead to:
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Family disputes
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Delays in probate
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Higher legal costs
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Unexpected outcomes, especially for blended families or unmarried partners
A legally valid will gives you control over what happens to your property, who raises your children, and who handles your estate.
How a Probate Attorney in Boston Can Help
If you’ve lost a loved one who died without a will, a qualified probate attorney in Boston can help you:
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File the estate in probate court
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Determine heirs under intestate succession
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Manage disputes between family members
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Navigate taxes and debts
And if you're planning ahead, working with an estate planning attorney can ensure your wishes are documented clearly—so your loved ones don’t face unnecessary stress.
Don’t Wait to Plan
Dying without a will in MA leaves your estate in the hands of state law. Whether you’re single, married, a parent, or a business owner, having a will and other key estate documents in place gives you peace of mind and protects your loved ones.
If you’re ready to create or update your estate plan, or you need help with a loved one’s estate, the team at Long Hagan Huff-Harris is here to help. Contact us today to speak with an experienced probate attorney in Boston.