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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.
Your surviving spouse inherits the first $200,000 of your intestate property, plus 2/3 of the balance. The rest of your property goes to your parents or other relatives in the order established by Massachusetts law.
However, generally speaking, a next of kin is usually understood to be a person's closest relative. The order usually goes: A husband, wife or civil partner. Unmarried partners are sometimes included here, but not always.
However, in the case of death of a spouse, the property can only be transferred in two ways. One is through partition deed or settlement deed in case no will or testament is created by the deceased spouse. And second is through the will deed executed by the person before his/her last death.
A Massachusetts small estate affidavit is a legal document used to present a claim on the estate or part of the estate of a deceased loved one. The petitioner, or affiant, must provide detailed information about the estate, the property in question, the decedent, and any other potential heirs.

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Degrees of kinship are used to identify heirs at law in the \u201cnext of kin\u201d category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.
When a married person has no children but does have living parents, both the spouse and parents are heirs. According to MA Intestate Succession Laws, the spouse receives the first $200k of the estate and then 2/3 of remaining assets. The rest is inherited by the parents.
When 30 days have passed after the death of a loved one who resided in Massachusetts, the successors may file an affidavit of heirship to collect the decedent's personal property. This property includes bank accounts, heirlooms, vehicles, 401(k)'s, and any other property that may have a high value.
Using an Affidavit of Survivorship to Remove a Deceased Owner from Title. If you are already listed as a co-owner on the prior deed\u2014or if you inherited an interest in the property through a life estate deed, transfer-on-death deed, or lady bird deed\u2014you may use an affidavit of survivorship to remove the deceased owner.
A survivorship affidavit (sometimes called an affidavit of death or affidavit of continuous marriage) is a legal document used to remove a deceased owner from title to property by recording evidence of the deceased owner's death in the land records.

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