Failing to create a will can have significant consequences for your loved ones and legacy. In Massachusetts, dying without a valid will—known as dying “intestate”—means state laws determine how your assets are distributed and who will care for your minor children. This comprehensive guide explores Massachusetts intestate succession laws, potential problems that arise from dying without a will, and the critical issue of guardianship for minor children.

Understanding Intestate Succession in Massachusetts

When someone dies intestate in Massachusetts, their assets are distributed according to a predetermined hierarchy based on surviving family members. This system often fails to account for modern family complexities and individual wishes.

Distribution of Assets Under Massachusetts Intestate Succession

The distribution follows a specific order based on closest surviving relatives:

Spouse Only (No Children or Parents): Surviving spouse inherits the entire estate.
Spouse and Shared Children: Spouse inherits 100% of the estate.
Spouse and Parents (No Children): Spouse inherits the first $200,000 plus 3/4 of the remaining balance, while parents inherit the remaining 1/4.
Spouse and Children from Different Relationships: Spouse receives the first $100,000 plus 1/2 of the balance, with children inheriting the remaining 1/2.
Children Only (No Spouse): Children inherit the entire estate divided equally.
Parents Only (No Spouse or Children): Parents inherit 100% of the estate.
Siblings Only (No Spouse, Children, or Parents): Siblings inherit the entire estate divided equally.

Not all assets are subject to intestate succession laws. Only “probate assets” follow these rules. Assets that typically bypass probate include:

Property held in trusts
Life insurance policies with designated beneficiaries
Retirement accounts with designated beneficiaries
Jointly held property with rights of survivorship
Accounts with payable-on-death or transfer-on-death designations

Problems with Dying Without a Will

While intestate succession laws attempt to create fair asset distribution, they often fall short of honoring an individual’s true wishes:

Loss of Control: You lose control over asset distribution, as intestate succession laws dictate who receives your assets regardless of your personal relationships or wishes.
Family Complications: Intestate succession doesn’t account for modern family complexities. Blended families, estranged relatives, or close non-relatives may not be adequately provided for.
Tax Consequences: Without proper estate planning, your heirs may face avoidable inheritance taxes.
Probate Process: Dying intestate often leads to a more complex, time-consuming, and expensive probate process.
Family Conflict: Without clear directives, disputes may arise among family members over asset distribution.
No Consideration for Relationships: The law doesn’t consider relationship quality or verbal promises made during life.
No Guardian Designation: For those with minor children, dying without a will means losing the ability to designate their guardian.

Guardianship Issues for Minor Children

When parents die without a will in Massachusetts, guardianship for minor children becomes particularly complex:

Lack of Parental Input: Parents lose the opportunity to nominate a preferred guardian.
Court Intervention: The court must initiate proceedings to appoint a guardian, causing delays and uncertainty.
Potential Family Conflicts: Disagreements may arise among relatives over guardianship.
Higher Legal Burden: Without parental consent in a will, appointing a guardian requires “clear and convincing evidence.”
Financial Implications: Without a will, there are no specific instructions for managing children’s inheritance or financial affairs.
Long-term Consequences: Children may face unstable living situations if the appointed guardian is unprepared.

Special Considerations in Massachusetts Intestate Succession

Massachusetts law has specific provisions worth understanding:

Stepchildren and Foster Children: Unless legally adopted, stepchildren and foster children have no inheritance rights under intestate succession laws.
Children Born Outside Marriage: These children can inherit if paternity is established through genetic testing or acknowledged by the father before death.
Children Born After Death: Children conceived before but born after the parent’s death have the same inheritance rights as those born during the parent’s lifetime.
Adopted Children: Legally adopted children have the same rights as biological children.
Escheatment: If the state cannot locate eligible heirs, the estate “escheats” to the Commonwealth of Massachusetts.

The Importance of Creating a Will

Given the potential complications of dying intestate, creating a valid will is crucial for anyone who wants their wishes honored after death. A will allows you to:

Specify exactly how you want your assets distributed
Name a guardian for your minor children
Designate an executor to manage your estate
Make specific bequests to friends, charities, or other beneficiaries
Potentially reduce estate taxes and simplify the probate process

Taking the Next Step

The consequences of dying without a will in Massachusetts can be far-reaching. Without proper planning, state law determines asset distribution, which may not align with your wishes or adequately provide for loved ones.

Begin your estate planning journey by consulting an experienced Financial Advisor specializing in this area. These professionals provide invaluable guidance by clarifying options, explaining potential consequences, helping articulate estate planning goals, and ensuring your plan aligns with your overall financial situation.

A skilled Financial Advisor can coordinate plan implementation, guiding you through creating essential documents by collaborating with an estate planning attorney or exploring digital estate planning tools. Taking these steps ensures necessary legal documents are in place and reflect your intentions.

This article is provided for general informational purposes only and should not be construed as legal, financial, or tax advice. The information provided is based on Massachusetts intestate succession laws as of February 27, 2025, and may not reflect the most current legal developments or changes in legislation. No warranties are expressed or implied as to the accuracy of this information.

Laws regarding estate planning, probate, and intestate succession can vary significantly by state and may change over time. The scenarios and examples presented in this article are simplified for clarity and may not encompass all possible situations or outcomes. Readers are strongly encouraged to consult with qualified legal, financial, and tax professionals before making any decisions regarding estate planning or interpreting intestate succession laws.