Affidavit of Heirship in Massachusetts
Whether Massachusetts lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Massachusetts has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate and Family Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court for an order determining the heirs, and a petition for complete settlement… M.G.L. c. 190B, §§ 3-402, 3-1001
| Affidavit / determination of heirship | Massachusetts has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate and Family Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court for an order determining the heirs, and a petition for complete settlement of the estate may also ask the court to determine heirs. Source: M.G.L. c. 190B, §§ 3-402, 3-1001 |
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| Who inherits without a will | Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes the first $200,000 plus 3/4 of the rest. If the spouse has descendants who are not the deceased's, or the deceased has descendants who are not the spouse's, the spouse takes the first $100,000 plus 1/2 of the rest. Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to the nearest next of kin. Other heirs: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-103 Source: M.G.L. c. 190B, §§ 2-102, 2-103 |
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FAQ
Does Massachusetts have an affidavit of heirship?
Massachusetts has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate and Family Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court for an order determining the heirs, and a petition for complete settlement of the estate may also ask the court to determine heirs.
Who inherits if someone dies without a will in Massachusetts?
Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes the first $200,000 plus 3/4 of the rest. If the spouse has descendants who are not the deceased's, or the deceased has descendants who are not the spouse's, the spouse takes the first $100,000 plus 1/2 of the rest. Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to the nearest next of kin.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.