Massachusetts Probate Law: What Happens When Someone Dies Intestate?

Understanding Massachusetts probate law is essential, especially when dealing with the complexities surrounding intestate succession. When an individual dies without a will, they are considered to have died intestate. This situation can lead to a number of legal proceedings to determine how their estate will be distributed.

In Massachusetts, the process of intestate succession is governed by state law. The first step after the death of an intestate individual is to appoint a personal representative, often referred to as an executor. This person is usually a close family member or friend and is responsible for managing the estate's affairs, including settling debts and distributing assets according to the state’s intestacy laws.

Massachusetts intestate succession laws outline a specific hierarchy for distributing an estate. If the deceased is survived by a spouse and children, the spouse will receive the first $25,000 of the estate, plus half of the remaining assets. The other half goes to the children. If there are no children, the spouse inherits the entire estate.

In cases where the deceased has children but they are not survived by a spouse, the assets are divided equally among the children. If there are no surviving children, the estate will be distributed to the deceased’s parents. If the parents are also deceased, the estate will go to siblings and, if they are also not living, to more distant relatives.

It is important to note that certain assets are not included in the probate estate. For instance, assets held in joint tenancy, life insurance policies with designated beneficiaries, and retirement accounts typically transfer outside of probate. This means they are not subject to intestate succession laws and go directly to the named beneficiaries.

The probate process in Massachusetts can be lengthy and complex, often taking several months to years, depending on the size of the estate and the number of beneficiaries involved. In order to streamline the process, individuals can take proactive steps, such as establishing a living trust or carefully planning their estate to minimize complications.

If you find yourself facing an intestate situation in Massachusetts, it is beneficial to seek the guidance of an experienced probate attorney. They can help navigate the legal landscape, manage court filings, and ensure that the estate is settled appropriately according to state laws.

In summary, when someone dies intestate in Massachusetts, their estate is distributed according to established state guidelines. Understanding these laws can aid in making informed decisions and ensure that your loved one's wishes are respected, even in the absence of a formal will.