Who inherits in Massachusetts when there is no will?

Under G.L. c. 190B, §§ 2-102, 2-103: the whole to the surviving spouse where no descendant or parent of the decedent survives, or where every surviving descendant is also the spouse's and the spouse has no other surviving descendant; the first $200,000 plus three-fourths of the balance to the spouse where no descendant but a parent survives; the first $100,000 plus one-half of the balance where the spouse has a surviving descendant who is not the decedent's, or the decedent has one who is not the spouse's; and the rest, or the whole where there is no spouse, to the descendants per capita at each generation, then the parents, then the parents' descendants per capita at each generation, then the next of kin in equal degree.

What does "per capita at each generation" mean in Massachusetts?

For an intestate estate passing to the decedent's descendants, the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the decedent that contains a surviving descendant, plus deceased descendants in that generation who left surviving descendants; each surviving descendant in that generation takes one share, and the remaining shares are combined and divided in the same manner among the surviving descendants of the deceased descendants (G.L. c. 190B, § 2-106(b)). The same method applies to the descendants of the decedent's parents (§ 2-106(c)).

Does a trust change who inherits?

Property titled to the trustee passes under the trust's terms, not under G.L. c. 190B, § 2-103; only the probate estate the will does not dispose of passes by intestacy. An estate of personal property — a motor vehicle and other personal property not over $25,000 — may be collected by a voluntary personal representative after 30 days from the death (§ 3-1201), and the estate of homestead continues for a surviving spouse and minor children who occupy the home as their principal residence (G.L. c. 188, § 7).

Dying Without a Will in Massachusetts

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What “intestate” means

Dying “intestate” means dying without a valid will. Massachusetts's intestacy statutes (G.L. c. 190B, § 2-102, G.L. c. 190B, § 2-103) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants per capita at each generation (G.L. c. 190B, § 2-106). Assets that pass outside probate (a funded Trust, beneficiary designations, property held with a right of survivorship) follow their own rules, not intestacy.

Who inherits under Massachusetts law

Spouse, no descendants — the surviving spouse inherits the entire intestate estate if no parent of the decedent survives; if a parent survives, the spouse takes the first $200,000 plus three-fourths of the balance (G.L. c. 190B, § 2-102).
Spouse and shared children only — if every surviving descendant of the decedent is also the surviving spouse's, and the spouse has no other surviving descendant, the spouse inherits everything (G.L. c. 190B, § 2-102).
Blended family — if the decedent has a surviving descendant who is not the spouse's, or the spouse has one who is not the decedent's, the spouse takes the first $100,000 plus one-half of the balance, and the decedent's descendants take the rest per capita at each generation (G.L. c. 190B, § 2-102; G.L. c. 190B, § 2-103).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (G.L. c. 190B, § 2-103).

The spouse's share and minor children

In Massachusetts, when there is no will, a surviving spouse takes the whole intestate estate if no descendant or parent of the decedent survives, or if every surviving descendant is also the spouse's and the spouse has no other descendant; otherwise the spouse takes the first $200,000 plus three-fourths of the balance where a parent but no descendant survives, or the first $100,000 plus one-half where the spouse or the decedent has a surviving descendant who is not the other's (G.L. c. 190B, § 2-102), and the estate of homestead continues for the surviving spouse and minor children who occupy the home (G.L. c. 188, § 7). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Massachusetts as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Massachusetts attorney can help you put a plan in place.

General information about Massachusetts law, not legal advice.

Frequently asked questions

Who inherits in Massachusetts when there is no will?: Under G.L. c. 190B, §§ 2-102, 2-103: the whole to the surviving spouse where no descendant or parent of the decedent survives, or where every surviving descendant is also the spouse's and the spouse has no other surviving descendant; the first $200,000 plus three-fourths of the balance to the spouse where no descendant but a parent survives; the first $100,000 plus one-half of the balance where the spouse has a surviving descendant who is not the decedent's, or the decedent has one who is not the spouse's; and the rest, or the whole where there is no spouse, to the descendants per capita at each generation, then the parents, then the parents' descendants per capita at each generation, then the next of kin in equal degree.
What does "per capita at each generation" mean in Massachusetts?: For an intestate estate passing to the decedent's descendants, the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the decedent that contains a surviving descendant, plus deceased descendants in that generation who left surviving descendants; each surviving descendant in that generation takes one share, and the remaining shares are combined and divided in the same manner among the surviving descendants of the deceased descendants (G.L. c. 190B, § 2-106(b)). The same method applies to the descendants of the decedent's parents (§ 2-106(c)).
Does a trust change who inherits?: Property titled to the trustee passes under the trust's terms, not under G.L. c. 190B, § 2-103; only the probate estate the will does not dispose of passes by intestacy. An estate of personal property — a motor vehicle and other personal property not over $25,000 — may be collected by a voluntary personal representative after 30 days from the death (§ 3-1201), and the estate of homestead continues for a surviving spouse and minor children who occupy the home as their principal residence (G.L. c. 188, § 7).