What Happens If You Die Without a Will in Massachusetts?
Without a will in Massachusetts, a surviving spouse takes the entire estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationM.G.L. c. 190B § 2-106Verified Sep 10, 2026View source.
Massachusetts intestacy law decides. Massachusetts follows separate property rulesM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of parents; Next of kin in equal degree; EscheatM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source.
The surviving spouse's share in Massachusetts depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $200,000 plus 3/4 of the remaining estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: first $100,000 plus 1/2 of remaining estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source. When a child from a prior relationship survives: First $100,000 plus half of the remaining estateM.G.L. c. 190B § 2-102Verified Sep 10, 2026View source.
Massachusetts divides per capita at each generationM.G.L. c. 190B § 2-106Verified Sep 10, 2026View source: surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
Under Massachusetts intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A will or trust is how a stepchild or an unmarried partner is provided for. The Massachusetts will signing requirements set out what a valid will takes.
Is this your situation?
Get a complete guide for your specific circumstances.
Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning and Settling an Estate in Massachusetts
Free Massachusetts forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Affidavit of Heirship
In Massachusetts, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areG.L. c. 183, § 5AVerified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Massachusetts, a will is signed before 2M.G.L. c. 190B § 2-502Verified Sep 16, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyM.G.L. c. 190B § 2-502Verified Sep 16, 2026View source.
Healthcare Power of Attorney
Massachusetts requires 2M.G.L. c. 201D § 2Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredM.G.L. c. 201D § 2Verified Oct 15, 2026View source.
Financial Power of Attorney
Massachusetts requires explicit durability language for a power of attorney to survive incapacityM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 §§ 29, 32Verified Sep 18, 2026View source.
Tools for Planning and Settling an Estate in Massachusetts
Free calculators and checklists for planning or settling an estate in Massachusetts: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Massachusetts costs an estimated $27,714No 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 Sep 8, 2026View source. Attorney fees run 2.2%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 Sep 8, 2026View source to 3.5%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 Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Massachusetts allows you to name your own agent in a signed, written document239 CMR 3.09(1)(b) (written disposition instructions signed before a witness); 239 CMR 4.00 (pre-need funeral contracts)Verified Jul 13, 2026View source, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Massachusetts levies an estate taxM.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source above $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source (top rate 16%M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Massachusetts, beneficiaries owe no inheritance tax and the estate pays any estate taxM.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source above $2,000,000M.G.L. c. 65C § 2A; St. 2023, c. 50; St. 2024, c. 206, § 13; St. 2025, c. 9, § 35Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Massachusetts take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesM.G.L. c. 62 § 2(b)(3) (Part C gross income = gain from capital assets held > 1 year); § 4(c) (Part C taxed at the Part B rate; 3% on qualifying MA small-business stock held ≥ 3 years); § 4(a)(1) (Part A: 12% on capital gains, 8.5% on assets held ≤ 1 year); § 4(b) (Part B rate, floor 5%); § 4(d) (4% surtax above the indexed $1M threshold)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Massachusetts costs an estimated $27,714No 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 Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 2.2%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 Sep 8, 2026View source to 3.5%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 Sep 8, 2026View source of the estate. Estates under $25,000M.G.L. c. 190B § 3-1201Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Massachusetts pays executors reasonable compensationM.G.L. c. 190B § 3-719 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
When you're ready, we're here.
Massachusetts Estate Planning Resources
In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.