What to do if your parent dies without a will in Massachusetts: how to claim your share

Short answer: If your mother died intestate (without a will) in Massachusetts, you normally must participate in the probate process so a personal representative (administrator) can be appointed, the estate’s debts and taxes paid, and the remainder distributed under Massachusetts intestacy rules. The practical steps are: confirm Massachusetts is the decedent’s domicile, identify heirs, petition the Probate and Family Court to open an administration, obtain appointment, assemble assets and pay debts, and then receive your share per state law. This article explains the steps, the law that governs intestacy, and practical tips to move forward.

Detailed answer — step by step under Massachusetts law

1. Confirm the governing state and whether your mother died intestate

Massachusetts intestacy law applies when the decedent was domiciled in Massachusetts and died without a valid will. If your mother lived in Massachusetts when she died, Massachusetts law controls distribution. If she lived elsewhere, that other state’s law likely controls. If you are unsure about domicile, the local Probate and Family Court can help determine jurisdiction.

2. Figure out who the heirs are under Massachusetts intestacy rules

Massachusetts follows statutory intestacy rules that set who inherits and how much. Generally, the surviving spouse and children are first in line. The precise shares depend on whether a spouse survives and whether there are surviving descendants from the decedent. You can read the statutory rule for intestate succession here: Massachusetts General Laws, Chapter 190B, Section 2-101 (M.G.L. c.190B §2-101).

3. Open a probate administration in the Probate and Family Court

To get legal authority to collect assets and distribute them, someone (usually a close family member) must petition the Probate and Family Court to be appointed personal representative (called an administrator when there is no will). The appointment gives authority to access bank accounts, sell property if needed, and distribute assets according to law. The statutory rules for appointment of a personal representative are in Chapter 190B; see, for example, the appointment provisions (M.G.L. c.190B §3-201).

4. Gather documents and value assets

The person appointed will collect the decedent’s documents and identify assets: bank and investment accounts, real estate, vehicles, life insurance, retirement accounts, and personal property. You will typically need the death certificate, your mother’s will search results (if any), and proof of relationship (birth certificates, marriage certificate) to show heir status.

5. Notify creditors, file inventories, and pay taxes

Massachusetts probate procedure requires notifying known creditors and may require publishing a notice to unknown creditors. The administrator files inventories and pays valid claims and taxes before distribution. Handling creditor claims and tax filings properly is essential because distributions made before debts are paid can expose heirs to liability in some cases.

6. Distribute the remaining assets according to the intestacy statutes

After debts and taxes are resolved, the administrator distributes the remaining assets to heirs under Massachusetts statutes. If you are an heir and the administrator is cooperative, you will receive your statutory share. If not, you may need to ask the Probate Court for enforcement, an accounting, or removal of the administrator if they’re not performing duties.

7. What if the estate is small?

Massachusetts has procedures for smaller estates or transfers outside formal probate (for example, when most assets pass by beneficiary designation or joint ownership). The exact threshold and procedure can vary; check the Probate and Family Court site for forms and local practice: Massachusetts Probate and Family Court.

8. What if you and other heirs disagree?

Disputes about who inherits, asset ownership, accounting, or an administrator’s conduct are handled in Probate and Family Court. Common remedies include requesting an accounting, asking the court to remove or replace the administrator, or filing a petition to construe intestacy issues. If heirs contest distribution, the court will apply the statutory intestacy rules and relevant facts.

Key statutes and resources

• Intestate succession: M.G.L. c.190B §2-101 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section2-101
• Appointment of personal representative and administration: M.G.L. c.190B §3-201 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B/Section3-201
• Probate and Family Court (forms, local rules, contact info): https://www.mass.gov/orgs/probate-and-family-court

Helpful hints

• Act promptly. Open probate early so assets can be collected and bills handled. Delays can complicate creditor claims and tax filings.
• Get multiple certified death certificates from the funeral home; many institutions will require originals.
• Collect proof of family relationships: your birth certificate, your mother’s death certificate, marriage certificates, and any documents showing adoption or step-relationships.
• Search for a will anyway. Sometimes people leave informal or older wills; check safe-deposit boxes, lawyers’ files, and home files.
• Look for asset titles and beneficiary designations. Life insurance and retirement accounts with beneficiaries pass outside probate to the named beneficiaries.
• Keep detailed records. The administrator should keep receipts and accountings for all estate transactions. Heirs can request an accounting from the court if needed.
• If the administrator is uncooperative, file a petition in Probate and Family Court asking for an accounting or replacement. Courts can remove administrators who breach duties.
• Consider consulting an attorney experienced in Massachusetts probate and estate administration when: the estate is complex, disputes arise, there are creditor or tax issues, or you believe the administrator is mishandling assets.

Disclaimer: This article explains general Massachusetts probate and intestacy concepts to help you understand the process. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, contact a Massachusetts probate attorney or the local Probate and Family Court.