What If I Die Without A Will?

When discussing estate planning, I often hear the remark “I don’t need a Will”.  Many think that they don’t have a large enough estate, or that everything will automatically pass to their spouse.  That is not always the case.

If you die without a Will, Massachusetts law will control how your property will be distributed.  After payment of debts, expenses, administration and funeral costs, your property will be distributed as follows:

  • If the deceased leaves kindred but no children, the surviving spouse will get the first $200,000, plus one-half of the remaining personal and real property.  The balance will go to the kindred.
  • If the deceased leaves children, the surviving spouse will get one-half of the real and personal property and the balance will go to the children.
  • If the deceased leaves children but no spouse, all real and personal property will be distributed to the children.
  • If the deceased dies with no children or kindred, the surviving spouse will take all real and personal property.
  • If the deceased leaves no spouse, children or kindred, the estate passes to the Commonwealth.

Unless you have a valid Will at death, the State will determine exactly who receives your property.  Having a Will ensures that you, not the State, choose who receives your property.