What Happens If You Die Without an Estate Plan in Massachusetts?
Many people in Massachusetts put off estate planning because it feels like something that can be handled later. Unfortunately, when someone dies without a will, trust, or other legal documents in place, their family is left to deal with the rules of intestacy under Massachusetts law. These rules, set forth in the Massachusetts Uniform Probate Code (M.G.L. c.190B), strictly control how property is distributed, who receives what, and what happens to minor children. Families in Gloucester, Rockport, Manchester By The Sea, Beverly, and across Essex County often find themselves in probate court, where the outcome may not reflect the wishes of the deceased.
The state’s laws do not account for personal promises, verbal agreements, or family understandings. Instead, assets are divided by statute, and disputes can easily arise. Without proper planning, even a modest estate can trigger unnecessary conflict, higher legal costs, and tax burdens. This is why we encourage individuals and families to take steps now, rather than letting Massachusetts law dictate the future of their estate.
Massachusetts Intestacy Laws And Property Distribution
Under M.G.L. c.190B, Article II, if you die without a will, the Commonwealth determines who inherits your assets. For example, if you leave behind a spouse but no children or parents, your spouse inherits everything. If you leave behind both a spouse and children, distribution becomes more complicated, particularly if there are children from a previous relationship. In such cases, your spouse may receive the first $100,000 plus half of the remaining estate, while the balance goes to your children.
These statutory rules often create outcomes that do not reflect modern family situations. Blended families, unmarried partners, and those with stepchildren face especially difficult results under intestacy law. Without a clear estate plan, your intended beneficiaries may receive nothing.
Guardianship Of Minor Children
If you have minor children and no will, the court must appoint a guardian. Massachusetts law does not automatically assume that the person you would have chosen will be appointed. Under M.G.L. c.190B §5-201, guardianship appointments require court approval, and relatives may contest the appointment. This means that your children’s care could be left to judicial discretion rather than your own decision.
Incapacity Planning And Health Care Decisions
Estate planning is not only about what happens after death. If you become incapacitated without a health care proxy or durable power of attorney, your loved ones may have to petition the Probate Court for guardianship or conservatorship. Under M.G.L. c.201D, a health care proxy ensures that a trusted person makes medical decisions for you. Without it, medical providers may be forced to turn to court oversight, delaying critical care decisions.
Probate And Legal Costs
When someone dies intestate, the estate must go through probate. The Massachusetts Probate and Family Court oversees the process, which can be lengthy and expensive. Creditors must be notified, heirs must be located, and property must be inventoried and distributed according to statutory formulas. By contrast, a properly funded trust can help families avoid this process entirely, saving time and preserving family privacy.
Why Estate Planning Should Not Wait
Estate planning allows you to direct how your assets will be distributed, appoint guardians for minor children, and protect your loved ones from uncertainty. It also provides tools like revocable trusts under M.G.L. c.203E, which can avoid probate, and irrevocable trusts, which can help protect assets from long-term care costs. Whether you own a family home in Gloucester, a vacation property in Rockport, or investments in Essex County, the sooner you create an estate plan, the more control you maintain.
Frequently Asked Questions About Dying Without An Estate Plan In Massachusetts
What Happens If I Die Without A Will In Massachusetts?
If you die without a will, Massachusetts intestacy laws under M.G.L. c.190B control how your assets are divided. Your spouse, children, or other relatives may inherit in shares defined by statute, regardless of your personal wishes. This can lead to unfair outcomes and family disputes.
Can An Unmarried Partner Inherit Property Without An Estate Plan?
No. Massachusetts intestacy law does not recognize unmarried partners. If you are not legally married, your partner will not inherit under state law. Without a will or trust, your property will instead pass to relatives according to statutory rules.
Who Decides Guardianship Of My Children If I Have No Will?
The Massachusetts Probate and Family Court will appoint a guardian under M.G.L. c.190B §5-201. The court considers petitions from relatives or others interested in the child’s welfare, but there is no guarantee the person you would have chosen will be appointed.
Does All Property Go Through Probate Without An Estate Plan?
Not always. Jointly owned property with rights of survivorship and accounts with beneficiary designations can pass outside probate. However, most assets without such designations will go through the probate process in Massachusetts, which can take months or even years.
Can Stepchildren Inherit Under Massachusetts Intestacy Law?
Stepchildren are not included under the statutory definition of heirs. Unless formally adopted, stepchildren do not automatically inherit under intestacy. Without a will or trust, they could be excluded entirely from your estate.
How Does Intestacy Affect Blended Families?
Massachusetts intestacy law can be especially problematic for blended families. If there are children from a prior relationship, the surviving spouse may receive only a portion of the estate, with the rest passing to the children. This can create tension and financial hardship without clear planning.
What If My Parents Are Alive But I Have A Spouse?
Under M.G.L. c.190B §2-102, if you die with a surviving spouse and surviving parents but no children, your spouse inherits the first $200,000 plus three-quarters of the remainder. The rest goes to your parents. This surprises many families who assume a spouse always inherits everything.
Why Is A Trust Helpful Compared To Dying Intestate?
A properly funded trust avoids probate, maintains privacy, and allows you to decide how and when your beneficiaries inherit. Under M.G.L. c.203E, trusts are legally recognized and can be tailored to your family’s needs. Without one, the court and intestacy statutes control the process.
Call The Sullivan Firm P.C. Today
At The Sullivan Firm P.C., we help families in Gloucester, Rockport, Manchester By The Sea, Beverly, and all of Essex County take control of their estate planning. Dying without a plan leaves your loved ones subject to strict state rules that may not reflect your wishes. By putting the right documents in place now, you protect your family from unnecessary stress, costs, and uncertainty.
Call The Sullivan Firm P.C. today at 978-325-2721 for a free consultation. Our office is located in Gloucester, and we proudly serve clients across the North Shore and Essex County, Massachusetts.
