What the rule says
Massachusetts adopted the Massachusetts Uniform Probate Code (MUPC) effective March 31, 2012. The intestacy statute, Mass. Gen. Laws ch. 190B § 2-102, distributes the estate based on family structure:
- Spouse and all descendants are mutual: The surviving spouse takes the entire estate. - Spouse and at least one descendant from prior relationship of decedent: The surviving spouse takes the first $100,000 plus one-half of the balance. The decedent's descendants take the rest. - Spouse and at least one descendant from prior relationship of surviving spouse (not decedent's child): The surviving spouse takes the first $100,000 plus one-half of the balance. The decedent's other beneficiaries take the rest. - Spouse but no descendants, with parent surviving: The surviving spouse takes the first $200,000 plus three-quarters of the balance. The parent takes the rest. - Spouse but no descendants and no parents: The surviving spouse takes the entire estate. - Descendants but no spouse: The descendants take the entire estate by representation.
The MUPC framework follows the Uniform Probate Code template, similar to Michigan and other UPC states.
What this means in practice
For most all-mutual-descendants families, the surviving spouse takes the entire estate — the most spouse-favorable outcome.
For blended families:
- Spouse and one decedent's child from prior relationship, $400,000 estate. Spouse takes $100,000 + 50% of $300,000 = $250,000. Child takes $150,000. - Spouse and surviving parent, no descendants, $400,000 estate. Spouse takes $200,000 + 75% of $200,000 = $350,000. Parent takes $50,000.
What you can do about it
- MA will requirements (§ 2-502). A will must be in writing, signed by the testator, and signed by two witnesses. - MA recognizes harmless-error doctrine under § 2-503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Elective share. Under Mass. Gen. Laws ch. 191 § 15, a surviving spouse can elect against the will (covered in MA's overall family protection framework).
Who this affects most
Massachusetts intestacy is most consequential for married MA residents in mutual-descendants families (favorable) and blended families (more carefully calibrated). A will provides complete control.