Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will in Massachusetts—known as dying intestate—and leaves no surviving spouse but has three children, state law dictates that the entire estate passes equally to the children. Massachusetts General Laws Chapter 190, Section 2 (MGL c.190 §2) governs this situation:
MGL c.190 §2 states that if there is no surviving spouse, the estate “shall be divided equally between all the issue of the intestate.” In practice, this means:
- All debts and expenses of administration must be paid first.
- The remaining assets form the residuary estate.
- The residuary estate is split into three equal shares—one share per child.
Each child receives one-third of the estate. If any child predeceased the decedent but left their own descendants, that child’s share passes to their descendants by representation (MGL c.190 §1).
The Probate and Family Court appoints a personal representative—often one of the children—to manage administration. The representative gathers assets, pays liabilities, and distributes the estate as directed by statute.
Helpful Hints
- Gather the decedent’s death certificate, asset inventory, and creditor notices before opening a probate case.
- File the petition for administration in the Probate and Family Court where the decedent lived.
- Review statutory deadlines for creditor claims under MGL c.190 §§4–5.
- Consider legal advice if the estate includes real estate, business interests, or disputes arise.
- Keep detailed records of all transactions and distributions to avoid later challenges.