Detailed Answer
When someone dies without a valid will (“intestate”), Massachusetts law sets a specific order for distributing assets. See M.G.L. c.190B §2-101.
1. Identify the Surviving Spouse
If the decedent was married and the spouse survived, the spouse may inherit all or a portion of the estate. Under §2-102, the spouse’s share depends on whether the decedent had descendants who are also the spouse’s descendants.
2. List the Decedent’s Children
Massachusetts recognizes all lawful descendants, including adopted children, for intestate succession. Children share equally per stirpes under §2-103.
3. Determine Other Heirs (Parents, Siblings, etc.)
If there is no surviving spouse or children, property passes to parents, siblings, and more remote relatives. The order is set in §2-104.
4. Gather Essential Documents
Obtain the death certificate, marriage record, birth certificates of children, and any adoption papers. These documents verify eligibility for inheritance.
5. File a Petition in Probate Court
File a petition for probate in the county where your father lived. List all potential heirs. The court will confirm the heirship and issue an order of intestacy.
Helpful Hints
- Start with family records to map relationships.
- Consult the local probate court clerk’s office to access forms.
- Keep copies of all submitted documents.
- Consider hiring a probate attorney if the family tree is complex.
- Review online resources at the Massachusetts Trial Court website: Probate & Family Court.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.