Dying without a will — called dying intestate — means Massachusetts law decides who inherits your assets. The results can surprise families.

Massachusetts Intestacy: Who Gets What?

Under Massachusetts General Laws Chapter 190B, distribution depends on who survives the deceased:

• Spouse only: Spouse inherits everything

• Spouse and children (all from that spouse): Spouse gets first $100,000 plus half remainder; children divide the other half

• Spouse and children from prior relationship: Spouse gets half; prior children get half

• No spouse, children only: Children share equally

• No spouse, no children: Parents share equally; then siblings; then their descendants

Common Surprises Under Intestacy

Unmarried partners receive nothing. Regardless of how long you've been together, an unmarried partner has no inheritance rights under Massachusetts law.

Stepchildren are excluded. Unless legally adopted, stepchildren receive nothing.

Minor children's inheritance is court-supervised. Without a will designating a guardian and trustee, the Probate Court oversees any inheritance.

Your parents may inherit before siblings even if estranged.

The Probate Process Without a Will

Dying intestate triggers a more complex probate process. Without an executor named in a will, the court appoints an administrator who must be bonded — adding cost and delay.

How a Simple Will Solves These Problems

A will lets you designate heirs, name a trusted executor, name a guardian for minor children, establish a trust, and provide for unmarried partners and stepchildren.

How Sofio Law Can Help

Sofio Law LLC prepares wills, trusts, health care proxies, and powers of attorney for South Shore families — often in a single meeting.

Call 774-901-9774 or book a free consultation online today.