To die intestate means dying without a will. The ability to specify the new owners of your property upon death is an important and powerful privilege that is granted to each and every citizen.   When you die intestate, your property passes to those individuals whom the state government believes the decedent would have wanted to receive the estate.  When there is no valid will,  no one is allowed to present evidence to show that the decedent actually wanted the property to pass to them.

Under Massachusetts Law, if the decedent has no children, and no other relatives, his or her property is automatically inherited by the spouse.  Many people may be content with this however, some will not want this to occur.  If the decedent wanted to leave their property to a good friend or a favorite charity, without a valid will, he would not be able to do this.  Furthermore, imagine dying with no spouse, no children, and no other relatives. Under Massachusetts law, without a will, your property will go to the state of Massachusetts. Even if you have no family left, why allow the state to have your property when you can choose to leave it to your best friend or a charity of your choice?