Detailed Answer

This article explains what generally happens under Massachusetts law when a person dies before a pending divorce is final and whether the legally married but estranged spouse can make claims on the deceased’s estate. This is general information and not legal advice. For a decision affecting real rights you should consult a Massachusetts probate attorney.

Legal status at death

In Massachusetts, a spouse remains a spouse until a court enters a final decree of divorce or annulment. If a person dies while a divorce action is pending but the decree has not been entered, the surviving spouse is still your legal spouse for purposes of inheritance and probate. That means the surviving spouse generally retains the rights that any surviving spouse would have under Massachusetts law unless those rights were previously and validly waived.

What that typically means for the estate

• If there is no valid will (intestate), the surviving spouse usually has priority under Massachusetts intestacy rules and will inherit according to state intestacy law. (See Massachusetts Uniform Probate Code, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.)
• If there is a will that leaves property to the spouse, that gift normally stands because the marriage has not been legally ended.
• If the deceased signed beneficiary forms for life insurance, retirement plans, IRAs, or payable-on-death accounts that name the spouse, those beneficiary designations typically govern distribution of those non-probate assets even if a will says otherwise.
• A surviving spouse may have statutory rights such as a spousal allowance or an elective/statutory share. Those rights can let a spouse claim against the estate even when the will attempts to disinherit the spouse. For general probate and estate procedures in Massachusetts, see the Probate and Family Court information: https://www.mass.gov/orgs/probate-and-family-court.

Exceptions and limitations

The main situations in which an estranged spouse might not be able to claim are:

• A valid written waiver: If the spouse signed a binding written agreement (for example a separation agreement, divorce settlement, or marital agreement) that validly and specifically waived inheritance or spousal rights, that waiver can block claims. Whether a waiver is valid depends on the agreement’s terms and whether it meets legal formalities.
• A court order or final decree already entered before death: only a final divorce or annulment ends the marital status; a pending petition does not.
• State law limits: Specific statutory exceptions or requirements can affect certain claims (for instance, claims against retirement plans or beneficiary-designated assets are governed by federal and plan law as well as state law).

Practical examples (hypothetical)

Example 1 — No will, divorce pending: John and Mary are separated and John files for divorce. Before the court enters a final decree, John dies. Because the divorce is not final, Mary is still legally his spouse. Mary can pursue her rights as a surviving spouse under Massachusetts intestacy law and through the Probate Court.

Example 2 — Will leaving everything to a sibling, divorce pending: Sarah names her brother as sole beneficiary in a will while still married. She files for divorce but dies before it is final. Because the marriage was not terminated, her spouse remains the spouse and can generally challenge the will or assert statutory spousal rights unless the spouse previously waived those rights in a valid agreement.

Example 3 — Valid signed separation agreement waiving spousal rights: If the spouse had signed a properly executed separation agreement that expressly waived inheritance and statutory claims, the waiver may be enforceable and could prevent the spouse from claiming the estate, depending on the agreement’s validity.

What to do next (if you are the personal representative or an interested person)

1. Locate the will, beneficiary designations, prenuptial/postnuptial/separation agreements, and any divorce papers. These documents frame what rights exist.
2. Contact the Probate and Family Court where the decedent lived. The court will supervise probate and tell you what forms and notices are required: https://www.mass.gov/orgs/probate-and-family-court.
3. Talk to a probate attorney promptly. Issues such as elective shares, enforceability of waivers, and priorities among creditors and claimants have strict deadlines and procedural rules.
4. Check non-probate assets (life insurance, retirement accounts, transfer-on-death accounts) because beneficiary designations often control and pass outside probate.

Timing and deadlines

Probate claims, creditor deadlines, and the time to contest a will or assert a statutory share are governed by Massachusetts probate procedures and can be short. Starting the probate process quickly helps preserve rights. General probate rules are in the Massachusetts Uniform Probate Code (Chapter 190B) and the Probate and Family Court guidance: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B and https://www.mass.gov/orgs/probate-and-family-court.

Summary

Because divorce is not final until a court enters a decree, an estranged spouse who survives the decedent generally retains the legal status and many of the rights of a surviving spouse under Massachusetts law. That status can allow the estranged spouse to inherit under intestacy, take under a will, or claim a statutory spousal share—unless the spouse validly waived those rights in a written agreement or another legal bar applies. Non-probate beneficiary designations operate according to their own rules and can pass assets regardless of probate documents.

Disclaimer

This information is educational only and does not constitute legal advice. Laws change and every case differs. To protect rights or make decisions, consult a licensed Massachusetts probate attorney promptly.

Helpful Hints

• Keep original documents (wills, contracts, beneficiary forms) in a safe place and tell a trusted person where they are.
• If you are separated and worried about your spouse’s estate, consider signing a written waiver only after independent legal advice; courts scrutinize waivers made under pressure.
• Review beneficiary forms on bank, retirement, and insurance accounts regularly—those forms often control even when you have a will.
• If you are an executor or personal representative, start probate quickly and notify likely heirs and creditors per Probate Court rules.
• Use the Massachusetts Probate and Family Court website for local procedures and forms: https://www.mass.gov/orgs/probate-and-family-court.
• For the underlying statutory framework, review the Massachusetts Uniform Probate Code (Chapter 190B): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
• When in doubt, speak with a probate attorney experienced in Massachusetts estate and family law to understand deadlines and defenses.