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Commonwealth of Massachusetts The Trial Court Probate and Family Court Docket No. SURVIVING SPOUSE, CHILDREN, HEIRS AT LAW G. L. c. 190B, 3301 Original Form Amended Form Estate of: Division First.

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Anything that is jointly owned by you and your spouse will pass to the surviving partner automatically, but you can allocate any solely owned property to whomever you choose.

A surviving spouse has additional rights if they are omitted from a will made prior to the marriage. This is called a "premarital will." With some exceptions, the surviving spouse is entitled to receive what he or she would have received if the deceased spouse died without a will.

Your surviving spouse inherits everything. If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits $100,000 of your intestate property plus 1/2 of the balance.

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died.

Heirs at law are persons entitled to receive the Decedent's property under the intestacy succession laws if there is no will.

What Is the Spousal Share? A surviving spouse in Massachusetts has a right to receive a certain amount of your estate no matter what your will says. If you and your spouse have children together, that is the first $25,000 in assets and a life interest or life estate in 1/3 of the remaining assets.

In person. You can submit the forms and fees in person at the correct Probate & Family Court. If the decedent lived in Massachusetts — File in the county where they lived when they died. If the decedent didn't live in Massachusetts — File in any county where the decedent had property when they died.

Your surviving spouse inherits everything. If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits $100,000 of your intestate property plus 1/2 of the balance.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232