Who Inherits If You Die 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.

A surviving spouse may waive the will and claim a statutory share by filing a signed writing in the registry of probate within 6 months after the will is probated. If the deceased left children or other descendants, the spouse takes one third of the personal and real property. If there are kin but no descendants, the spouse takes $25,000 plus one half of the rest. In those two cases, anything above $25,000 is held for the spouse's life only (income and life estate). If there are no descendants or kin, the spouse takes $25,000 plus one half of the rest outright.

Voluntary administration: if a Massachusetts resident left only personal property (no real estate) worth no more than $25,000, plus a motor vehicle of any value, an interested person may file a sworn voluntary personal representative statement with the Probate and Family Court in the county where the person lived, on the court's form, at least 30 days after death and if no petition for a personal representative has been filed. The statement lists assets, heirs and will beneficiaries, and is filed with the original will (if any) and a death certificate. The register then issues an attested copy, which the voluntary personal representative uses to collect the assets.