Does the size of an intestate estate matter?

Yes, the size of an intestate estate does matter in Massachusetts. Intestate succession law refers to the law that dictates who is entitled to a deceased person’s property if that person passes away without leaving behind a will. In Massachusetts, the size of an intestate estate determines who is entitled to the deceased’s property. If a deceased person leaves behind a small estate—with an estate valued at $25,000 or less, excluding one motor vehicle—the surviving spouse will receive the entire estate. If the estate is larger, the surviving spouse will receive the first $25,000 and one-half of the balance. The remaining half of the balance will be distributed to any children of the deceased, if applicable. In some cases, a surviving spouse may claim the entire intestate estate even if it exceeds $25,000. If the deceased person did not have any children, the surviving spouse will be entitled to the entire estate regardless of its size. Additionally, if the deceased did not have any surviving spouse or children, the estate will be divided among the surviving family members in accordance with the Massachusetts Intestate Succession Law. In conclusion, the size of an intestate estate does matter when it comes to determining who is the legal heir to a deceased person’s property. The size of the estate will determine how much of the estate will be distributed to the surviving family members.

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