What Really Happens If You Die Without a Will in Massachusetts

When Emily’s uncle, who was a longtime Braintree resident, died, his family expected that his home, his savings, and his treasured possessions would just go to his children. Instead, it soon became clear that without a will, Massachusetts’ state laws would determine who received what. The process was a long, bewildering, and much more stressful ordeal than they ever would have predicted.

This is something that many Massachusetts families experience. Dying without a will, or what is legally referred to as intestacy, causes property to be split according to state laws, not your individual desires. For grieving families, this can be an emotionally and financially stressful experience that was not expected.

Understanding Intestacy in Massachusetts

Intestacy statutes are a sort of statutory “default plan” that dictates how your estate gets divvied up if you don’t have a will. In Massachusetts, intestacy statutes have a strict order of descent. If you are married but have no children or parents, your spouse gets everything.

If you are married and have children together, however, your children get the complete estate even if your spouse didn’t exactly get along with you. But where you have children from a different relationship, your estate gets split between your spouse and your children— sometimes in a way you would never have deliberately decided upon.

Without a spouse, your estate reverts to your children, then to your other kin in accordance with the statutory ranking. This arrangement would be all right on paper, but practically, it usually creates surprises and controversies for your remaining kin.

Probate Process in Braintree, MA

When an individual dies — with or without a will — their estate usually passes through probate, which is a court-supervised process to pay off debts and distribute property. In Braintree, this process usually involves Norfolk County Probate and Family Court.

Probate gets underway when a petition is filed with the court by someone, typically an immediate family member. The court appoints a personal representative who must compile an inventory of all property, pay off debts and taxes, and then divide whatever is left. Even basic estates can remain tied up for months, and larger, more involved cases can drag on far longer.

Why A Probate Attorney Is Essential

Having a probate attorney in Massachusetts can make all the difference. An experienced attorney knows how to navigate the court system, interpret intestacy laws, and protect your interests. They can help prevent costly mistakes, resolve disputes, and keep the process moving forward.

In Emily’s case, the probate attorney was able to correct earlier missteps in the plan of distribution, so that property was received by rightful heirs and that family was saved from unnecessary losses. Had that course not occurred, circumstances would have proceeded much more negatively.

The Risks of Not Planning Ahead

Not having an estate plan is tantamount to leaving everything to fate. In the absence of a will and trust, your property may end up in the hands of individuals you never wanted, causing divisions within your family, and compelling your loved ones to navigate a long court process. For Braintree individuals, whose property worth and retirement funds are usually high, the risks are all that much greater.

It is also important to realize that intestacy incurs greater administrative and legal expenses, which draw down from the amount that actually goes to heirs. Costs and delays that can be easily eliminated through even a basic, properly conceived estate plan.

How to Prevent Intestacy

A single, most effective way to avoid intestacy is to create a legally enforceable will, but that is just the first step. Some persons choose to create trusts to remove certain property from probate entirely. Verifying and changing beneficiary designations for bank accounts, retirement accounts, and life policies are just as crucial.

Things evolve rapidly — marriage, divorce, additional children, or even relocation — and your estate plan can be affected. A neighborhood probate lawyer keeps your plan up-to-date in accordance with your desires as well as Massachusetts state law.

Why Local Expertise Matters

Choosing a probate lawyer familiar with Braintree and Norfolk County means choosing someone who understands the local courts, filing requirements, and common challenges families face in this area. While online templates might seem like an easy solution, they can’t match the tailored advice and hands-on guidance that come from working with a local professional.

Dying without a will hands control of your estate over to the state. In Massachusetts, intestacy laws and the probate process may not reflect your personal wishes, and they can place a heavy burden on your loved ones. By planning ahead, you protect your assets, your family, and your legacy.

At McGinn Law, we walk Braintree, MA families through probate and create estate plans that give you peace of mind. Regardless of your circumstances, from facing intestacy to sidestepping it, our team stands ready to take you through each step.
📞 Call us today, or book your consultation online, to begin planning your family’s future.