Dying Without A Will
G.L. c. 190B, § 2-102 — all to the spouse, or a first sum plus a share, by who else survives
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo descendant and no parent of the decedent | The surviving spouse takesThe entire intestate estate |
| Who else survivesOnly descendants who are also the spouse's, and the spouse has no other descendant | The surviving spouse takesThe entire intestate estate |
| Who else survivesNo descendant, but a parent of the decedent | The surviving spouse takesThe first $200,000, plus 3/4 of any balance |
| Who else survivesDescendants all shared, but the spouse has a descendant who is not the decedent's | The surviving spouse takesThe first $100,000 plus 1/2 of any balance |
| Who else survivesA descendant of the decedent who is not the spouse's | The surviving spouse takesThe first $100,000 plus 1/2 of any balance |
- What does not pass to the spouse, or the whole estate if there is none, goes to the decedent's descendants per capita at each generation.
- If there are none, to the parents equally, or to the surviving parent.
- If there is no descendant or parent, to the parents' descendants per capita at each generation.
- Beyond them, to the next of kin in equal degree, counted by the rules of civil law.
Property that passes outside the estate, such as jointly owned property or an account with a named beneficiary, is not part of the intestate estate. Who inherits in a particular estate is a question for the Probate and Family Court and for a licensed Massachusetts attorney.
Sources for this section (2)
- G.L. c. 190B, § 2-102 — Intestate share of spouse
- G.L. c. 190B, § 2-103 — Shares of heirs other than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.