Massachusetts Estate Planning: What Happens Without a Plan

What Happened

Samuel, Sayward & Baler LLC, a Massachusetts estate planning law firm, recently published guidance addressing what happens when individuals die without an estate plan. Attorney Sean Downing presented the information during a Smart Counsel for Lunch session on May 27, 2026, highlighting the consequences families face when important documents are missing.

The firm emphasized that estate planning protects both individuals and their loved ones from legal complications and financial hardships. The presentation was part of their ongoing educational efforts, which include upcoming programs on estate planning for nontraditional families.

The guidance comes at a time when many Massachusetts residents lack comprehensive estate plans, leaving their families vulnerable to the state's intestate succession laws and probate court proceedings.

What It Means

When Massachusetts residents die without an estate plan, their assets pass through intestate succession under state law. If no parent survives, the surviving spouse receives the entire estate. If a parent survives, the spouse receives the first If no parent survives: entire estate. If parent survives: first $200,000 plus 3/4 of the remaining estate.M.G.L. c. 190B § 2-102Verified May 31, 2026. When all descendants are shared and the spouse has no other descendants, the spouse receives the entire estate. Otherwise, the spouse receives the first If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: first $100,000 plus 1/2 of remaining estate.M.G.L. c. 190B § 2-102Verified May 31, 2026.

Without an estate plan, Massachusetts families face mandatory probate proceedings that typically last 9 monthsM.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified May 31, 2026 to 14 monthsM.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified May 31, 2026. The court filing fee alone costs $390M.G.L. c. 262, § 40; M.G.L. c. 262, § 4CVerified May 31, 2026, and attorney fees typically range from 2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified May 31, 2026 to 4%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified May 31, 2026 of the estate value. Massachusetts requires executors to post a surety bond, though the will can waive this requirement.

The state's 12 monthsM.G.L. c. 190B § 3-803Verified May 31, 2026 creditor claim period means debts can surface long after death, creating uncertainty for beneficiaries. Without clear directives, families often face disputes over asset distribution, especially when Per capita at each generationM.G.L. c. 190B § 2-106Verified May 31, 2026 rules apply to multiple descendants. Massachusetts estates exceeding $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206; St. 2025, c. 9Verified May 31, 2026 face state estate taxes up to 16%M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206; St. 2025, c. 9Verified May 31, 2026, adding another layer of complexity without proper planning.

Context from SimplyTrust

The consequences of dying without an estate plan highlight why proactive planning matters for Massachusetts families. A properly executed trust can help avoid the 9 monthsM.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified May 31, 2026 to 14 monthsM.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified May 31, 2026 probate process entirely, saving families both time and money. Understanding the uncertainty of life without an estate plan helps families recognize the importance of taking action.

Massachusetts residents can use tools like the probate cost calculator to understand potential expenses their families might face without proper planning. For those ready to take action, creating a comprehensive estate plan addresses not just asset distribution but also healthcare decisions and guardianship arrangements that intestate succession cannot provide.

Source: What Happens If I Don't Have An Estate Plan? | SSB LLC