What Happens to My Parent's Estate If There's No Will in Massachusetts?

It is one of the most common situations we encounter in our practice: a parent passes away, and the family discovers there is no will. Sometimes they knew it was coming and hoped it wouldn't matter. Sometimes they had no idea. Either way, the absence of a will doesn't simplify things, it almost always makes them harder, more expensive, and occasionally devastating for the people left behind.

Here is what actually happens in Massachusetts when someone dies without a will, and why it so rarely turns out the way families assumed it would.

The State Decides Who Inherits

When someone dies without a will in Massachusetts, they are said to have died "intestate." That means the state's intestacy laws determine who inherits, not the person who died or the family's understanding of what they would have wanted. Massachusetts has a specific formula for this, and it follows a fixed order of priority regardless of the family's circumstances, relationships, or wishes.

For most people, the general outline looks something like this: a surviving spouse inherits a share, and children inherit the remainder. But the details matter enormously and the details are where things get complicated.

When the Formula Doesn't Fit the Family

Massachusetts intestacy law does not know that one of your siblings has struggled with money their whole life. It does not know that your parents wanted the house to go to the child who cared for them. It does not know that a grandchild was the apple of their eye and they always meant to leave them something. The law simply applies the formula.

And sometimes, the formula produces outcomes that are genuinely harmful.

If a beneficiary has a disability and receives public benefits, an inheritance received directly, without any planning in place, can disqualify them from the programs they depend on. Medicaid, Supplemental Security Income, and subsidized housing all have asset limits. A sudden inheritance, even a modest one, can push someone over those limits and interrupt benefits they cannot afford to lose. A properly drafted Special Needs Trust could have protected that child entirely. Without a will and a trust, that protection never gets put in place.

If a child or grandchild who would have inherited has already died, their share may pass to their own children, meaning minor grandchildren could end up as direct beneficiaries of the estate. This sounds touching in theory. In practice, it triggers a court process that is anything but simple. When minor children inherit money in Massachusetts, the court must become involved to protect their interests. A Guardian ad Litem must typically be appointed. Court approval is required for decisions about the funds. The process is costly, time-consuming, and ongoing until the children reach adulthood. It is one of the most avoidable complications in probate, and one of the most common consequences of dying without a will.

If the family dynamics are complicated estrangements, second marriages, stepchildren, informal arrangements, the intestacy formula takes none of that into account. People who were close to your parent may receive nothing. People your parent had little relationship with may inherit by default.

It Is Almost Always More Expensive to Die Without a Will

This is the part that surprises families most. There is a widespread assumption that skipping the will saves money. In practice, the opposite is usually true. Dying without a will typically means a more complex probate process, more court involvement, more attorney time, and more delays before the estate can be settled. If the decedent owned a home or any interest in real estate, significant legal work and court orders will be required to sell it. When minor beneficiaries are involved, the costs multiply further. The expense of a well-drafted will is almost always a fraction of what families spend cleaning up the consequences of not having one.

What a Will Actually Does

A will gives your parent the ability to decide, clearly, legally, and on their own terms, who receives what, who is responsible for managing the estate, and how to handle any complications the family knows about in advance. It can direct assets away from a beneficiary who cannot safely receive them. It can protect minor grandchildren by directing their share to a trust rather than to them directly. It can reflect the actual relationships and wishes of the person who worked a lifetime to build what they have.

It does not have to be complicated. For many people, it is a straightforward document. But it has to exist.

A Note to Adult Children Reading This

If you are not sure whether your parent has a will, this summer is a good time to gently raise it. You do not need to know the details — that is between your parent and their attorney. But encouraging them to connect with an elder law attorney to make sure their documents are in order is one of the most genuinely helpful things you can do.

If your parent is ready to take that step, we would be glad to hear from them. At Senior Solutions, we help seniors make sure their wishes are documented, their family is protected, and the people they love are not left navigating a court process during an already difficult time.

Senior Solutions, Attorneys at Law, is an Estate Planning and Elder Law firm serving the Greater Boston, Massachusetts area since 2001. We are ready to help you with Medicaid Planning, Estate Planning, Probate, Guardianship & Conservatorships, Special Needs Trusts, and Fiduciary Services. We are here to help. Please call our office at 617-489-5900 or schedule a brief consultation by clicking the button below:

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