What Are the Inheritance Laws in Massachusetts?

In Massachusetts, the way assets are distributed after someone passes away depends on whether the deceased had a will. If there is a will, the assets are divided according to the instructions specified. However, if no will is present, Massachusetts’ intestate succession laws come into play, and assets are distributed based on state laws. Understanding these inheritance laws can help you navigate the process of inheriting assets from a loved one.

Inheritance with a Will

If the deceased person (the decedent) left a will, their assets will be distributed according to their wishes. The probate process ensures that the will is executed and the assets are distributed accordingly. Key points to remember about inheritance with a will:

• Executor: The will names an executor, responsible for administering the estate, paying debts, and distributing assets.

• Beneficiaries: The will designates who will inherit specific assets or portions of the estate, including family members, friends, or organizations.

• Probate Process: The will goes through probate, a legal process to verify its validity and ensure the proper distribution of assets.

Inheritance Without a Will (Intestate Succession)

When someone dies without a will, Massachusetts' intestate succession laws determine how their assets are distributed. In this case, the estate will be divided based on a set order of priority, typically favoring close relatives. The key points about intestate succession in Massachusetts include:

• Spouse’s Share:

• If the decedent was married and had no children, the surviving spouse inherits the entire estate.

• If the decedent had children, the surviving spouse typically inherits one-third of the estate, while the children inherit the remaining two-thirds, divided equally among them.

• Children’s Share:

• If there is no surviving spouse, the children inherit the entire estate equally.

• In Massachusetts, children include biological and legally adopted children, but not stepchildren.

• Other Relatives:
  If the decedent had no spouse or children, the estate may pass to more distant relatives such as:

• Parents: If no spouse or children, parents inherit the estate.

• Siblings: If no parents, siblings of the decedent will inherit the estate.

• Extended Family: In the absence of immediate family, other relatives like grandparents, aunts, uncles, nieces, and nephews may inherit.

Special Considerations in Massachusetts Inheritance Laws

• Marital Property: In Massachusetts, which follows common law property rules, property acquired during marriage is generally considered joint property, and the surviving spouse may have rights to it regardless of a will.

• Children from Previous Relationships: If a person had children from a prior relationship, those children are also entitled to an inheritance, and their shares are treated equally under intestate laws.