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Chapter 190: Section 1. Spouse’s share of
property not disposed of by will
A surviving husband or wife shall, after the payment of the debts of the
deceased and the charges of his last sickness and funeral and of the
settlement of his estate, and subject to chapter one hundred and ninety-six,
be entitled to the following share in his real and personal property not
disposed of by will:
(1) If the deceased leaves kindred and no issue, and it appears on
determination by the probate court, as hereinafter provided, that the whole
estate does not exceed two hundred thousand dollars in value, the surviving
husband or wife shall take the whole thereof; otherwise such survivor shall
take two hundred thousand dollars and one half of the remaining personal and
one half of the remaining real property. If the personal property is
insufficient to pay said two hundred thousand dollars, the deficiency shall,
upon the petition of any party in interest, be paid from the sale or
mortgage, in the manner provided for the payment of debts or legacies, of
any interest of the deceased in real property which he could have conveyed
at the time of his death; and the surviving husband or wife shall be
permitted, subject to the approval of the court, to purchase at any such
sale, notwithstanding the fact that he or she is the administrator of the
estate of the deceased person.
A further sale or mortgage of any
real estate of the deceased may later be made to provide for any deficiency
still remaining. Whenever it shall appear, upon petition to the probate
court of any party in interest, and after such notice as the court shall
order, and after a hearing thereon, that the whole amount of the estate of
the deceased, as found by the inventory and upon such other evidence as the
court shall deem necessary, does not exceed the sum of two hundred thousand
dollars over and above the amount necessary to pay the debts and charges of
administration, the court shall itself by decree determine the value of said
estate, which decree shall be binding upon all parties. If additional
property is later discovered, the right or title to the estate covered by
such decree shall not be affected thereby, but the court may make such
further orders and decrees as are necessary to effect the distribution
herein provided for.
(2) If the deceased leaves issue, the survivor shall take one half of the
personal and one half of the real property.
(3) If the deceased leaves no issue and no kindred, the survivor shall take
the whole.
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Chapter 190: Section 2. Distribution of
personal property
The personal property of a deceased person not lawfully disposed of by will
shall, after the payment of his debts and the charges of his last sickness
and funeral and of the settlement of the estate, and subject to the
preceding section and to chapter one hundred and ninety-six, be distributed
among the persons and in the proportions hereinafter prescribed for the
descent of real property.
Chapter 190: Section 3. Descent of land,
tenements or hereditaments
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 all
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.
Chapter 190: Section 4. Computation of
degrees of kindred
Degrees of kindred shall be computed according to the rules of the civil
law; and the kindred of the half blood shall inherit equally with those of
the whole blood in the same degree.
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