Dying without a will in Massachusetts: intestate succession & what happens
With no will, Massachusetts's intestate succession statute (M.G.L. c. 190B § 2-102) determines who inherits, and the court appoints a personal representative. Voluntary administration may still apply for small estates. Kindred handles the administration either way.
- With no will, Massachusetts's intestate succession statute (M.G.L. c. 190B § 2-102) determines who inherits, and the court appoints a personal representative. Voluntary administration may still apply for small estates. Kindred handles the administration either way.
- Massachusetts allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Does Massachusetts have an inheritance tax?
Massachusetts has an estate tax (not an inheritance tax) for estates valued above $2 million. The estate tax is paid by the estate before distribution, not by individual heirs. Estates below $2 million owe no Massachusetts estate tax. There is no separate inheritance tax based on heir relationship.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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