Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Massachusetts’ Uniform Probate Code (see G.L. c.190B §2-101), a person who dies without a valid will—intestate—has their estate distributed by law. When the decedent has no surviving spouse but is survived by two children, the entire probate estate passes to those children in equal shares.
For example, imagine a decedent, Jane Doe, leaves no spouse and two children, Alice and Bob. Under §2-101, Alice and Bob inherit the full estate. Distribution follows the per stirpes rules in G.L. c.190B §2-102, ensuring each branch of the family receives an equal share at the closest generation to the decedent.
Key steps in the intestate succession process include:
- Appointment of a Personal Representative: The Probate and Family Court appoints an administrator to manage the estate, settle debts, and distribute assets.
- Payment of Debts and Expenses: All valid creditor claims, funeral expenses, taxes, and court fees must be paid before any distribution.
- Equal Distribution to Children: After liabilities are satisfied, the net estate is divided equally between the two children (one-half each).
Helpful Hints
- Start Probate Early: File a petition in the Probate and Family Court promptly to avoid unnecessary delays.
- Collect Asset Records: Gather bank statements, deeds, investment documents, and retirement account information as soon as possible.
- Notify All Heirs: Provide notice to the children and any other potential heirs to ensure transparency.
- Understand Per Stirpes: If a child predeceases the decedent, that child’s share passes to his or her own descendants.
- Seek Legal Guidance: Probate procedures are complex; consulting a probate attorney can help you navigate filings, deadlines, and court requirements.