With new and prospective clients, a question that often arises is: “What will happen if I die without a will?” The short answer is this: if you die without a valid will, Massachusetts estate law will create one for you. When a person dies without a will, they are considered to have died “intestate.”
Massachusetts General Laws Chapter 190B, Article II, Sections 2-102, 2-103 and 2-105 outline who will inherit your probate property in the event that you were to die intestate. A handy reference chart, summarizing the statute, can be found below:
If you die intestate, you effectively give up the right to decide what happens to your estate assets. You also give up the right to decide who oversees the probate of your estate and whether or not your assets should be protected in trust for any of your desired beneficiaries. You also give up the right to nominate guardians for any minor children. If these decisions matter to you, do not make the mistake of dying intestate and make sure you have (at least) a will in place.