What happens if I die without a will in Massachusetts?

If you die without a will in Massachusetts, state intestacy laws determine who inherits your assets. This situation is known as dying intestate. The Massachusetts probate court distributes your property according to a statutory formula, regardless of your personal preferences.

The outcome depends on your family structure. If you are married with no children, your spouse typically inherits most or all of your estate. If you have children from a prior relationship, distribution may be divided between your spouse and children. If you are unmarried and have no children, assets may pass to parents, siblings, or more distant relatives.

A personal representative must be appointed to administer the estate, typically through a petition filed with the probate court. This individual may not be someone you would have selected. If you have minor children, guardianship decisions may also be made without written direction from you.

Dying without a will often increases delays, legal costs, and emotional strain on family members. Creating a valid will allows you to control distributions, name an executor, and provide clear instructions aligned with your intentions.