Massachusetts Probate Court Info

Massachusetts Probate Court and General Law Resources

Section 3. When a person dies seized of land, tenements or hereditaments, or of any right thereto, or entitled to any interest therein, in fee simple or for the life of another, not having lawfully devised the same, they shall descend, subject to his debts and to the rights of the husband or wife and minor children of the deceased as provided in this and in the two preceding chapters and in chapter one hundred and ninety-six, as follows:

(1) In equal shares to his children and to the issue of any deceased child by right of representation;
and if there is no surviving child of the intestate then to all his other lineal descendants. If all such "
descendants are in the same degree of kindred to the intestate, they shall share the estate equally;
^otherwise, they shall take according to the right of representation, '

(2) If He leaves no issue, in equal shares to his father, and mother,

(3) If he leaves no issue and no mother, to his father. ;

(4) If he leaves no Issue and no father, to his mother,

(5) If he leaves no issue and no father or mother, to his brothers and sisters and to the issue of any'
deceased brother or sister by right of representation; and, if there is no surviving brother or sister
of the intestate, to all the issue of his deceased brothers and sisters. If ail such issue are in the
same degree of kindred to the intestate, they shall share the estate equally, otherwise, according to
the right of representation.

(6) If he leaves no issue, and no father, mother, brother or sister, and no issue of any deceased
brother or sister, then to his next of kin in equal degree; but if there are two or more collateral
kindred in equal degree claiming through different ancestors, those claiming through the nearest
ancestor shall be preferred to those claiming through an ancestor more remote,

(7) If an intestate leaves no kindred and no widow or husband, his estate shall escheat to the
commonwealth; provided, however, if such intestate is a veteran who died while a member of the
Soldiers' Home in Massachusetts or the Soldiers' Home in Holyoke, his estate shall inure to the
benefit of the legacy fund or legacy account of the soldiers' home of which he was a member

Contact us

Hamill & Gray, LLP
36 Miller Stile Rd.
Quincy, MA. 02169

Home Page | Estate Planning | Living Trusts | Begin Your Will | Power of Attorney
Health Care Proxy | Living Wills | Estate Administration | 10 FAQ's Wills | Links

Acton Wills Agawam Amherst Andover Arlington Attleboro Barnstable Belmont Beverly Billercia Boston Braintree Bridgewater Brockton Brookline Burlington Cambridge Canton Chelmsford Chelsea Chicopee Danvers Dartmouth Dedham Dracut Easton Everett Fall River Falmouth Fitchburg Framingham Gloucester Haverhill Holyoke Lawrence Leominster Lexington Lowell Lynn Malden Marlborough Medford Melrose Metheun Milford Milton Natick Needham New Bedford Newton North Andover North Attleboro North Reading Norwood Peabody Pittsfield Plymouth Quincy Randolph Revere Salem Saugus Shrewsbury Somerville Springfield Stoughton Taunton Tewksbury Waltham Watertown Wellesley Westfield West Springfield Weymouth Woburn Worcester allston brighton charlestown chelsea dorchester east boston jamaica plain mattapan readville hyde park revere roslindale roxbury south boston west roxbury winthrop suffolk county bay state medford cambridge everett watertown malden somerville newton quincy savin hill fields corner wollaston

Copyright 2002 -2011 site map Massachusetts injury lawyers network Massachusetts estate planning collection lawyer boston lawyer referral network