Disclaimer
This article explains general Massachusetts law and common outcomes. It is educational only and is not legal advice. For answers specific to your situation, consult a licensed Massachusetts attorney or the Probate and Family Court.
Detailed Answer
When someone dies without a will in Massachusetts (dies intestate), what happens to money and property depends on how each asset is titled and whether it is a probate asset or a non‑probate (transfer-on-death or survivorship) asset. Below is a clear, plain-language summary of the usual rules and how they apply in typical situations.
1. Non‑probate assets generally pass outside probate
Some assets pass automatically to a named or surviving co‑owner and do not become part of the decedent’s probate estate. Common examples:
- Joint bank accounts with a right of survivorship: If a bank account is held as a joint account with survivorship language or in practice as a survivorship account, the surviving joint owner typically becomes the sole owner automatically when the other owner dies. The bank will usually require a certified copy of the death certificate and proper ID paperwork before releasing funds to the survivor.
- Payable‑on‑death (POD) / Transfer‑on‑death (TOD) designations: Accounts or securities with a properly named beneficiary pass to that beneficiary without probate.
- Retirement accounts and life insurance: These pass to the named beneficiaries on the account or policy, not under the will or intestacy rules.
- Real estate held as joint tenancy or tenancy by the entirety: Real estate titled as joint tenants with right of survivorship or as tenants by the entirety (common for married couples) passes automatically to the surviving co‑owner.
These non‑probate rules mean that even if a person dies without a will, many assets never enter the probate process — they go straight to the surviving joint owner or named beneficiary.
2. Probate assets (solely owned property) follow Massachusetts intestacy law
Assets owned only in the decedent’s name (no beneficiary designation, not jointly owned with survivorship) generally become probate assets. If there is no will, Massachusetts intestacy rules determine who inherits. The distribution depends on surviving family members (spouse, children, parents, siblings, and other relatives).
Massachusetts uses the Uniform Probate Code (Mass. Gen. Laws, chapter 190B) for probate and intestate succession. The precise shares depend on whether a surviving spouse and/or descendants exist and whether descendants are also descendants of the surviving spouse. For the text of the statute and the detailed distribution rules, see the Massachusetts General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
3. Practical bank and creditor steps after a death
Even when a surviving joint owner or beneficiary is clear, banks and other institutions commonly require:
- A certified copy of the death certificate.
- Proof of identity for the surviving co‑owner or beneficiary.
- If the account ownership is contested or the bank suspects the joint title was solely for convenience (not intended as survivorship), the institution may freeze assets and ask for a probate court order.
4. Common disputes and complications
Several common issues can produce disputes and require court involvement:
- “Convenience” joint accounts: If a joint title was created as a convenience (so someone could help pay bills) and not to transfer ownership at death, heirs or courts may challenge the survivorship claim.
- Tenants in common: If real estate is held as tenants in common (each owner has a separate fractional share), the decedent’s share passes through probate under intestacy rules.
- Creditor claims: Even when property passes outside probate, creditors sometimes have rights. For probate assets, creditors must usually present claims in the probate process.
- Missing beneficiaries or unclear paperwork: If beneficiary designations are missing or outdated, assets may end up in probate and be distributed under intestacy rules.
5. Example scenarios (hypotheticals)
Hypothetical A — Joint bank account with survivorship
Jane and Mark opened a bank account titled “Jane Smith and Mark Smith, joint tenants.” Mark dies without a will. Because the account is titled jointly with survivorship, Jane presents Mark’s death certificate to the bank and becomes sole owner. The money does not pass through probate.
Hypothetical B — Solely owned home and no will
Tom owned a house in his name alone and dies intestate, survived by a spouse and two children. The house is a probate asset. Under Massachusetts intestacy rules, the Probate and Family Court will oversee administration of Tom’s estate and distribute the house (or sale proceeds) according to state intestacy law. For the statutory framework, see Mass. Gen. Laws, ch. 190B: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
6. Where to look and who to contact
For official procedural information and local filing requirements, consult the Massachusetts Probate and Family Court and the state’s probate guides:
- Probate and Family Court general information: https://www.mass.gov/orgs/probate-and-family-court
- Probate and estate administration guide: https://www.mass.gov/guides/probate-and-estate-administration-in-massachusetts
Helpful Hints
- Obtain several certified copies of the death certificate early — banks and other institutions will ask for them.
- Check titles and beneficiary designations for all accounts and assets (bank accounts, retirement plans, life insurance, brokerage accounts, deeds).
- If an account is joint, ask the bank whether survivorship language is on file and what documents they need before taking any transfers or withdrawals.
- Be cautious about spending or transferring funds until ownership is clear. Unauthorized transfers can create liability and disputes.
- If ownership is disputed or the estate is large/complex, consult a probate attorney experienced in Massachusetts intestacy law.
- Use the Massachusetts Probate and Family Court resources to learn about local procedures and filing requirements: https://www.mass.gov/orgs/probate-and-family-court
- If you are the surviving spouse or heir, keep careful records (account statements, deeds, copies of communications) in case the distribution is contested.
For the statutory framework governing intestacy and probate in Massachusetts, see the Uniform Probate Code adopted as Massachusetts General Laws, Chapter 190B: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
Again, this is general information only and not legal advice. Contact a licensed Massachusetts attorney or the Probate and Family Court for guidance tailored to your facts.