Detailed Answer
In Massachusetts, intestate succession arises when someone dies without a valid will. Under Massachusetts General Laws chapter 190, the probate court appoints an administrator to handle the estate. Real property includes land and buildings; personal property covers tangible items (vehicles, jewelry) and intangible assets (bank accounts, investments). The administrator identifies assets by reviewing deeds, titles, insurance policies, financial statements, and public records.
Within three months of appointment, the administrator must file a detailed inventory with the probate court under court rules. After the court approves the inventory, distribution follows the statutory order in MGL c.190, §§1–2. If the decedent leaves a surviving spouse and descendants, the spouse receives the first $200,000 of the estate plus one-half of the remaining balance; descendants share the rest equally (MGL c.190, §1). If there is no spouse, descendants inherit the entire estate. Absent spouse or descendants, the estate passes to parents, siblings, and more distant relatives in the order set by law (MGL c.190, §2).
Helpful Hints
- Gather deeds, titles, insurance policies, and financial statements early to streamline asset identification.
- Review probate court forms and deadlines for filing an inventory.
- Keep detailed records of asset valuations and communications.
- Understand the heirs’ hierarchy in MGL c.190, §§1–2 to anticipate distribution shares.
- Obtain professional appraisals for high-value real estate or collectibles.
- Consult a probate attorney if complex assets or family disputes arise.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney in Massachusetts.