Intestacy Explained
When someone in Massachusetts dies without a will, the estate is distributed under intestacy laws. The Probate and Family Court in your county—whether in Boston, Central Massachusetts, or the Pioneer Valley—follows a strict order of heirs.
Who Inherits
If you are married with children from different relationships, your spouse and children share the estate. If you are married with children from the same relationship or if you have no children, your spouse inherits everything, but only if you don’t have surviving parents. If you have a surviving parent, they will share with your spouse. Unmarried individuals’ property may go to parents, siblings, or even distant relatives.
This can lead to outcomes that don’t match your wishes—especially in blended families common across East Longmeadow, Natick, and Wilbraham.
The Probate Process
Without a will, the court must appoint a personal representative. Family members often disagree over who that should be. Probate may take many months and involve fees that reduce the estate’s value.
Real-World Example
A homeowner in Brimfield passes away without a will. The house automatically becomes part of the probate estate, delaying any sale or transfer. Children living in Vermont or Wellesley must wait for court approval before anything can be done.
Avoiding the Problem
Creating even a simple will provides instructions on what should happen for things going through probate. Creating a trust can simplify things even more by helping avoid probate for anything titled to it. Families in Central Massachusetts and across Vermont often save significant time and money by preparing early.
Don’t leave your estate to chance. Call O’Connell Law at (508) 202-1818 to create a plan that protects your family and your wishes.