If you fail to plan your estate and die without a will, the law will create one for you. This is called intestate (without a will) succession or the law of decent and distribution. This law covers what is commonly called probate property which is property held in your name alone. It does not include jointly held assets unless they are held as tenants in common and property which passes according to a contract such as life insurance, annuities or retirement benefits.
Adverse results can occur if you die without a will. This law prescribes both the person or persons to whom your property will pass and the amount of the property each person will receive. The distributions required by this law are inflexible and may not reflect your desires and wishes concerning the distribution of your estate.
some examples of potential problems:
 | If you have a minor child or children, a guardian may have to be appointed to manage their property under the supervision of the Probate Court. This is a very costly legal procedure. |
| If you die with a spouse and children, the property will pass to both the spouse and children. Depending on the type of property, this may create management problems particularly with real estate and business interests. |
| If you die with a spouse and no children, not all of your property will pass to your surviving spouse; a part of your estate will go to your parents or siblings. |
Unless you are sure who will get your property on your death and more importantly you are happy with the estate plan which Massachusetts has devised for you, everyone should have a will.
