Massachusetts law about wills and estates

A compilation of laws, regulations, cases, and web sources on wills and estates law.

Massachusetts laws

Uniform probate code

Uniform Probate Code, MGL c.190B (MUPC)
Laws of intestate succession, estate administration, and much more.

Without a will

MGL c.190B, s.2-101 et seq. Descent and distribution of real and personal property.
MGL c.190B, Article III Probate of Wills and Administration

With a will

MGL c.190B, s.2-501 et seq. Wills
MGL c.190B, Article III Probate of Wills and Administration.
MGL c.191B Uniform Statutory Will Act

Forms

Wills, Estates and Trust Forms, Probate and Family Court

Fees

Uniform Schedule of Fees.

Request for Limited Issues Settlement Conference, together with Guidelines for Participation. Free Pilot Program designed to settle cases where the majority of the contested issues have already been resolved. Mass. Probate and Family Court Department.

Web sources

Best bet

Estate planning 

Wills and estates administration 

Intestacy 

  • Cosgrove v. Hughes, 78 Mass. App. Ct. 739 (2011)
    "If a decedent has acknowledged paternity of a person born out of wedlock . . . that person is heir of his father." The child does not have to prove a biological connection.
  • Degrees of Kinship Chart, Mass. Probate and Family Court.
  • Digital Assets and Intestacy, BU J. Sci. & Tech. L. (2015)
    Discusses the current state of the law regarding digital assets, and argues that "legislation is needed to authorize legal ways of managing these assets and to clarify the rights of heirs to access such assets."
Last update: November 5, 2017

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