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Home→Tools→Who Inherits Calculator→Massachusetts

What Happens If You Die Without a Will in Massachusetts?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

Frequently Asked Questions

Massachusetts intestacy laws determine who inherits when there is no will.M.G.L. c. 190B § 2-102Verified Apr 15, 2026 Massachusetts follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Massachusetts depends on family structure.M.G.L. c. 190B § 2-102Verified Apr 15, 2026 With no children: If no parent survives: entire estate. If parent survives: first $200,000 plus 3/4 of the remaining estate.. 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 estate.. When children from a prior relationship survive: First $100,000 plus half of the remaining estate.

Massachusetts uses the "per capita at each generation" distribution method.M.G.L. c. 190B § 2-106Verified Apr 15, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Per capita at each generation

Under Massachusetts intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.M.G.L. c. 190B § 2-102Verified Apr 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Massachusetts will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Massachusetts depend on estate size and complexity. Estates valued at $25,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Massachusetts probate cost calculator for a detailed estimate.

Intestacy Laws in Massachusetts

Under Massachusetts intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives 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 Apr 15, 2026 when there are no descendants. With children from a prior relationship, the share adjusts to First $100,000 plus half of the remaining estateM.G.L. c. 190B § 2-102Verified Apr 15, 2026.

Massachusetts distributes assets to descendants using the Per capita at each generationM.G.L. c. 190B § 2-106Verified Apr 15, 2026 method. The state does not impose a survival period requirement, so heirs inherit immediately upon the decedent's death.

For smaller estates, Massachusetts offers a simplified procedure for estates under $25,000M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified Apr 15, 2026, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Massachusetts probate entirely — assets transfer privately without court involvement.

SimplyTrustSimplyTrust Editorial·Updated April 15, 2026

Legal Sources

  • M.G.L. c. 190B § 2-102
  • M.G.L. c. 190B § 2-106
  • M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201

Data sourced from Massachusetts statutes and official state code. How we research.

Massachusetts Estate Planning Resources

In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.

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See Who Inherits

Select your state and answer questions about your family to see how your estate would be distributed under intestacy law.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-04-15

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