What Happens if You Die Without a Will in Massachusetts?

One of the most common questions people ask when it comes to estate planning is, “What happens if I die without a will?” Many assume that their spouse will automatically inherit everything, or that the state will follow their unwritten wishes. Unfortunately, in Massachusetts, that’s not how it works. Dying without a will, or dying intestate, means the state takes control of how your assets are distributed—and the results might not be what you expect.
In this blog post, we’ll break down the process of intestacy in Massachusetts and explain why having a will is essential to ensuring that your wishes are followed.

What Is Intestacy?

When someone dies without a will, their estate is considered intestate. This means that instead of following the deceased person’s wishes, the state uses intestacy laws to determine how their assets are divided. These laws are designed to account for a variety of family situations, but they may not align with your personal preferences for how your property should be distributed.
In Massachusetts, the intestacy process follows a strict order of priority based on your family structure at the time of your death. This means that the state has a predetermined plan for how your estate will be divided depending on whether you have a surviving spouse, children, parents, or siblings.

What Happens If You’re Married with Children?

Most people assume that if they’re married with children, their spouse will inherit everything if they die without a will. However, that’s not how Massachusetts intestacy laws work. Instead, the estate is split between the surviving spouse and the children. Your spouse may receive a portion of the estate, but your children are entitled to a share as well.
If your children are minors, things can get even more complicated. Their share of the estate may need to be managed by a court-appointed guardian, and that can lead to delays and added expenses. In addition, any funds meant for your children may not be used in the way you intended if no specific instructions were provided in a will.

What If You’re Married Without Children?

If you’re married but don’t have children, you might think your spouse will receive everything when you pass away. But again, under Massachusetts intestacy laws, other family members could also be entitled to a share of your estate. In many cases, part of the estate will be set aside for your parents or siblings, leaving your spouse with less than you may have intended.

Single Without Children? Your Assets Might Go to Relatives You Haven’t Considered

If you’re single and have no children, you might assume your assets will automatically go to a close friend or a distant relative of your choosing. However, without a will, Massachusetts law dictates that your estate will be distributed to your closest living relatives. If your parents are still alive, they may inherit everything. If they’re not, your estate could go to your siblings, or even more distant relatives like cousins.
In cases where no relatives can be found, your estate may escheat to the state. This means the Commonwealth of Massachusetts takes ownership of your property—essentially, your assets are absorbed by the state if no rightful heirs can be located.

What Happens If You Have No Living Relatives?

In the rare case that you have no surviving relatives, your estate will “escheat” to the state. This means that everything you’ve worked hard to earn—your home, your savings, your personal belongings—will go to the Commonwealth of Massachusetts. Your assets won’t benefit any friends, charities, or causes you care about unless you’ve specified your wishes in a will.

Why Having a Will Is Essential

The best way to ensure that your assets are distributed according to your wishes is to have a legally valid will in place. A will gives you the ability to:
  • Specify who should inherit your property and in what amounts
  • Name a guardian for your minor children
  • Appoint an executor to manage your estate and carry out your wishes
  • Ensure that specific assets go to particular people, charities, or causes
  • Protect your loved ones from unnecessary delays and legal challenges
A well-crafted will can save your family time, money, and heartache by clearly outlining your wishes and avoiding the uncertainties of intestacy.

Conclusion: Take Control of Your Estate Plan

Dying without a will leaves your estate in the hands of the state, which may lead to outcomes you never intended. Whether you’re married with children, single, or somewhere in between, creating a will is the best way to protect your assets and ensure that your loved ones are taken care of according to your wishes.
If you don’t have a will or need to update your estate plan, now is the time to act. Contact us for a consultation, and we’ll help you create a plan that gives you peace of mind and ensures that your estate is handled the way you want it to be.
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