The correct answer is B, Massachusetts intestate succession law. When a person dies without a valid will, property that forms part of the probate estate is distributed according to the Massachusetts Uniform Probate Code rather than according to a broker ' s judgment or informal family preference.
Massachusetts law establishes an order of succession for heirs other than a surviving spouse. Depending on who survives the decedent, the estate may pass to descendants, parents, descendants of parents, or other next of kin according to statutory rules.
A surviving spouse ' s share is governed by separate provisions and depends on family circumstances.
Candidates must also remember that not all property passes through probate. Property held in joint tenancy or tenancy by the entirety with a right of survivorship can pass directly to the surviving co-owner by operation of law. Massachusetts probate guidance expressly identifies survivorship property as property that may fall outside the probate estate.
The older phrase “statute of descent and distribution” describes the same general concept, but intestate succession is the clearer current terminology.
Study Guide Reference: Transfer of Title — Intestate Succession, Probate, Heirs and Survivorship.
