How children inherit and who can administer an estate in Massachusetts when there is no will

Short answer: If a person dies without a will in Massachusetts, the decedent’s children are primary heirs. Living children divide the decedent’s share equally. If a child died before the decedent but left descendants (grandchildren), those descendants step into their parent’s place and take that parent’s share. Adopted children generally inherit like biological children; stepchildren do not inherit unless adopted. When it comes to administering the estate, the surviving spouse has first priority; if there is no spouse, the children are the next in priority to be appointed personal representative.

Detailed answer — how succession among children works under Massachusetts law

This section explains two related but distinct issues under Massachusetts law: (1) how the decedent’s assets are divided among children when there is no will (intestate distribution), and (2) who has priority to be appointed to administer the estate (personal representative).

1. Intestate distribution among children (who gets what)

When someone dies without a valid will (intestate), Massachusetts law directs how the estate is distributed among surviving relatives. Key rules that apply to children:

• If the decedent is survived by one or more children and there is no surviving spouse, the children inherit the estate. Living children share equally.
• If a child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren inherit the share that their parent would have received. In practice this means the deceased child’s share is divided among his or her descendants.
• Adopted children generally inherit from the adoptive parent as if they were biological children. Biological parents generally do not inherit from children after adoption, except in limited circumstances.
• Children born after the decedent’s death (posthumous children) typically inherit if the child is the decedent’s biological child and the child is later born alive or otherwise qualifying under statute.
• Children born out of wedlock can inherit if paternity is established under applicable law or statute.
• Half-blood children (children who share only one parent with the decedent) generally inherit equally with whole-blood children unless statute provides otherwise.
• Stepchildren do not inherit by intestacy unless they were legally adopted by the decedent.

The Massachusetts Uniform Probate Code (as codified in Chapter 190B of the Massachusetts General Laws) contains the state’s intestacy rules. You can review the statutory framework for intestate succession at the Massachusetts General Court website, for example: M.G.L. c.190B §2-103 (intestate succession provisions).

2. Priority to be appointed personal representative (who administers the estate)

Appointing a personal representative (also called an administrator/administratrix in some contexts) is a separate procedure from distributing assets. The probate court appoints the person authorized to administer the estate according to statutory priority:

• A surviving spouse has primary priority to be appointed personal representative.
• If there is no surviving spouse, the decedent’s children (collectively) are next in line. Any one or more of them can petition the court to serve. If multiple people of equal priority apply and cannot agree, the court decides whom to appoint.
• If there are no spouse or descendants, the priority moves to other relatives (parents, siblings, more remote kin) per statute.

Massachusetts’ rules on appointment of personal representatives and priority are set out in Chapter 190B. See an example provision governing appointment and priority at: M.G.L. c.190B §3-201.

Common fact patterns explained

• All children survive: If the decedent leaves three living children and no spouse, each child inherits one-third of the estate.
• One child predeceased but left children: If one of the three children died before the decedent but left two children, the two grandchildren together receive their parent’s one-third share (they split that one-third between them), while the two surviving children each take one-third.
• Children from different relationships: Biological or adopted children from different marriages inherit equally unless the law or a valid will indicates otherwise.
• Disputed paternity or adoption: If paternity or adoption status is contested, the court may require proof (DNA, adoption records, or other evidence) before allowing inheritance or appointment.

Practical steps for children when there is no will

1. Identify all potential heirs: gather birth certificates, adoption papers, marriage certificates, and any evidence of paternity.
2. Locate and secure important documents for the decedent: death certificate, bank and investment records, deeds, vehicle titles, and insurance policies.
3. Contact the local probate court to file a petition for appointment of a personal representative (if probate is needed). Massachusetts Probate & Family Court information and forms are at: Massachusetts Probate & Family Courts.
4. If the heirs agree, they can often simplify administration by filing consensual forms or waivers to speed appointment. If heirs disagree, the court resolves disputes.
5. Consider consulting a probate attorney if the estate is complex, relationships are contested (paternity, adoption, survivors), or assets include real estate, business interests, or out-of-state property.

Helpful hints

• Understand the difference between who inherits (intestate distribution) and who is appointed to administer (personal representative). They are related but separate legal questions.
• Gather documentary proof of family relationships early: birth certificates, marriage certificates, adoption records, and any court orders establishing paternity.
• If multiple children want to serve as personal representative, try to agree on one to avoid contested court proceedings and delays.
• If you are a surviving spouse, you usually have priority to administer the estate; get legal advice about your rights — the spouse’s share can vary depending on surviving descendants and other factors.
• Small estates sometimes qualify for simplified procedures. Check the probate court rules or consult counsel to see if you qualify.
• Keep detailed records of estate administration (receipts, distributions, notices) — the personal representative has fiduciary duties and may need to provide accountings to the court and beneficiaries.

Where to find the law and get help

Primary Massachusetts statutes relevant to intestacy and appointment of a personal representative are codified in Chapter 190B of the Massachusetts General Laws. Two useful statutory starting points are:

• Intestate succession provisions: M.G.L. c.190B §2-103
• Appointment and priority of personal representatives: M.G.L. c.190B §3-201

For court forms, local rules, and filing procedures: Massachusetts Probate & Family Courts.

Disclaimer: This article is for general informational purposes only and does not contain legal advice. It does not create an attorney-client relationship. Laws change and every case is different — consult a licensed Massachusetts probate attorney to get advice tailored to your specific situation.