Do I Really Need a Will in Massachusetts—and What Happens If I Don’t Have One?

Do I Really Need a Will in Massachusetts—and What Happens If I Don’t Have One?

Here’s a draft blog you could use for your law firm’s website:

When it comes to planning for the future, many people put off writing a will. It’s easy to assume you don’t need one, especially if you’re young, healthy, or think your estate is “simple.” But in Massachusetts, having a will can make a significant difference for your family and loved ones.

Why Having a Will Matters

A will is a legal document that lets YOU decide how your assets will be distributed when you pass away. Without one, Massachusetts law decides for you. With a will in place, you can:

  • Choose who inherits your property instead of relying on default state rules.
  • Name a guardian for your minor children—something only a will can do.
  • Appoint an executor (also called a personal representative) who you trust to handle your estate.
  • Make specific gifts—whether it’s leaving heirlooms to family members or supporting a charity you care about.

In short, a will puts you in control.

What Happens If You Don’t Have a Will?

If you pass away without a will in Massachusetts, your estate is considered “intestate.” That means state law determines who gets your property. The rules are very specific:

  • If you’re married with children, your spouse usually inherits most or all of your estate, depending on whether you have children from another relationship.
  • If you’re single with children, your children inherit everything equally.
  • If you’re married without children, your spouse typically inherits everything—unless your parents are still living, in which case they may receive a share.
  • If you’re single with no children, your parents, siblings, or other relatives inherit in a set order.

The important thing to know is this: the state’s distribution plan may not match your wishes. For example, if you have a partner but are not legally married, they won’t automatically inherit anything.

Avoiding Unnecessary Stress for Your Loved Ones

Without a will, settling your estate can also take longer and create unnecessary stress for your family. Courts may need to appoint a personal representative to handle your affairs, and disputes among family members are more likely when your wishes aren’t clearly written down.

The Bottom Line

Yes—you really do need a will in Massachusetts. Even a simple will can save your loved ones time, money, and heartache while ensuring your wishes are respected.

If you’re ready to create or update your will, it’s wise to speak with an experienced Massachusetts estate planning attorney at Sclafani & Moriarty, Attorneys at Law. That way, you can be sure your will complies with state law and truly reflects your goals. Call us now to schedule an appointment. 413-732-8356