Die Without a Will in Massachusetts: What the Law Decides
When you die without a will in Massachusetts, your estate doesn’t follow your wishes—it follows state law. The Commonwealth’s intestacy rules determine who inherits your assets, who becomes your child’s guardian, and who manages your estate. This can create confusion, delays, and even disputes among surviving family members.
At Granfield Legal Services, we help you plan ahead—or guide your loved ones through probate if it’s too late for a will.
Massachusetts Intestacy: What Happens If You Die Without a Will?
Under Massachusetts General Laws Chapter 190B, dying without a valid will means your estate is subject to intestate succession. This legal formula may not reflect your actual wishes.
Here’s how intestate inheritance generally works:
- If you’re married with no children or surviving parents, your spouse gets everything.
- If you have children from the same spouse, your spouse still inherits your entire estate.
- If you have children from a previous relationship, your spouse and your children will share the estate.
- If no family can be found, your property may ultimately escheat to the state.
Even if you trust your family to work it out, the court process can be slow, complicated, and emotionally draining—especially when no will exists.unmarried partners, or charitable intentions. The result is often far from what you may have wanted.
Risks of Dying Without a Will in Massachusetts
There are serious consequences when you die without a will in Massachusetts:
- Loss of control: The state—not you—decides who inherits your home, finances, and personal belongings.
- Potential family disputes: Without clear instructions, family members may argue over what’s “fair.”
- Unclear guardianship: You lose the ability to name a legal guardian for your children.
- Court delays and expenses: Probate court must appoint a personal representative and oversee all steps of the estate process.
It’s not just a legal issue—it’s a personal and financial risk for your family.
How Granfield Legal Services Can Help When There’s No Will
If your loved one has died without a will, you don’t have to face the Massachusetts probate system alone. Granfield Legal Services can help probate the estate, guiding you through every step.
Our services include:
- Filing petitions with the Probate and Family Court
- Assisting with the appointment of a personal representative
- Helping families navigate intestacy laws
- Protecting beneficiaries’ rights and handling creditor claims
- Ensuring the estate is distributed according to state law
Dying without a will in Massachusetts makes an already difficult time even more stressful. With experienced legal guidance, you can protect your loved one’s legacy and avoid costly mistakes.
Creating a Will: Why You Shouldn’t Wait
Estate planning isn’t just for the wealthy or elderly. At Granfield Legal Services, we help clients of all backgrounds:
- Draft enforceable wills that reflect your wishes
- Name guardians for minor children
- Create powers of attorney and health care directives
- Minimize estate taxes and simplify probate
- Establish trusts and plans for blended families
Creating a will ensures that your assets, your family, and your voice are protected.
Get Started Today
If you’re facing the loss of a loved one without a will, or you’re ready to create your own estate plan, we’re here to help.
📞 Contact Granfield Legal Services at 978-799-0906
📧 Or request a consultation: Book a Free Consultation
Disclaimer
This blog post is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact Granfield Legal Services or a qualified attorney licensed in your jurisdiction.
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