When a loved one passes away, the probate process helps ensure their assets are transferred according to their will or Massachusetts law. But what happens when a beneficiary named in the will has also died? This situation is more common than many families realize and can add an extra layer of complexity to the probate process. Understanding how Massachusetts handles this circumstance can help families make informed decisions during an already difficult time.

Does the Will Address the Issue?

The first place the probate court looks is the will itself. Many wills include “contingent beneficiary” provisions. These clauses describe what should happen if a beneficiary dies before the person creating the will (the testator). In these cases, the will’s instructions control, and the assets go to the alternate beneficiary listed.

If the will is clear, the probate process continues smoothly based on those instructions.

Massachusetts Anti-Lapse Statute

If the will does not specify what happens when a beneficiary dies, the Massachusetts anti-lapse statute may apply. This law prevents certain gifts in a will from failing (“lapsing”) just because the beneficiary has passed away.

Under this statute, if the deceased beneficiary was a close relative—such as a child, grandchild, sibling, or other descendant of the testator—their share may pass to their own descendants (for example, the beneficiary’s children). This ensures the inheritance stays within the family line.

If the deceased beneficiary was not related in a way covered by the statute, the gift typically lapses and becomes part of the estate’s “residue,” which is distributed according to other provisions in the will.

When There Is No Will (Intestate Estates)

If someone dies without a will and one of the heirs dies before distribution, Massachusetts intestacy laws determine who inherits. Usually, the deceased heir’s share is passed to their own descendants, following a specific legal formula.

What Happens to the Deceased Beneficiary’s Share?

Depending on the circumstances, several outcomes are possible:

• The share goes to a contingent beneficiary named in the will.
• The share passes to the deceased beneficiary’s descendants under the anti-lapse statute.
• The share becomes part of the estate residue and is distributed among the remaining beneficiaries.
• The share follows intestacy laws if no will exists.

Why This Can Complicate Probate

If a beneficiary dies before receiving their inheritance, additional steps may be required, such as:

• Locating and identifying the deceased beneficiary’s heirs
• Establishing a separate probate for the deceased beneficiary
• Reviewing the will for specific instructions
• Determining whether the anti-lapse statute applies

These extra steps can prolong the probate timeline and increase administrative burdens.

How an Attorney Can Help

Navigating probate when a beneficiary has died can be challenging without guidance. At Chaves Estate Planning LLC, we help Massachusetts families understand their rights, interpret estate planning documents, and follow state probate laws accurately and efficiently.