In Massachusetts, if a person passes away without a will (intestate) and has no surviving heirs, the estate may follow a specific legal process. Here’s what typically happens in such a situation:
- Escheat to the State: When an individual dies without a will (intestate) and has no surviving heirs, the estate is said to “escheat” to the state of Massachusetts. This means the state becomes the legal owner of the deceased person’s assets.
- Public Administrator: In some cases, the state may appoint a public administrator or similar official to oversee the process of handling the deceased person’s estate. The public administrator’s role is to identify and manage the estate’s assets and liabilities.
- Creditor Claims: Any outstanding debts or creditors of the deceased person must be addressed. The public administrator or a court-appointed representative will review and settle these debts using the estate assets.
- Property Sale: The state or its representative may sell the estate’s assets, including real estate and personal property, to pay off outstanding debts and administrative expenses.
- Unclaimed Property: If the deceased person had any financial accounts, like bank accounts or investments, not claimed by any heirs or beneficiaries, these funds may eventually be turned over to the state’s unclaimed property division.
- No Inheritance: Since there are no surviving heirs, there will be no direct inheritance of the deceased person’s assets. The state becomes the ultimate beneficiary of the estate.
- Charitable or Public Use: In some cases, if there are no heirs and the assets are not needed to pay off debts and expenses, the state may use the assets for charitable or public purposes. This is one reason why having an estate plan in place is so important. The state may use your estate for charities or public programs you don’t support.
It’s crucial to note that the specific rules and procedures regarding intestate estates without heirs can vary, and legal processes may change over time. Suppose you find yourself in such a situation or want to plan for the distribution of your assets. In that case, consulting with an attorney specializing in estate planning in Massachusetts is highly advisable. Having a knowledgeable attorney draw up a will or other estate planning will help ensure that your assets are distributed as you desire and can avoid the complexities associated with intestate estates.
At O’Connell Law, we are here to help you navigate the process. Give us a call at (508) 202-1818.
