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 General Laws of Massachusetts (Last Updated: January 16, 2020)
 PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
 TITLE II. DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
 CHAPTER 190B. MASSACHUSETTS UNIFORM PROBATE CODE
 ARTICLE II. INTESTACY, WILLS AND DONATIVE TRANSFERS

  SECTION 2-102. Share of spouse  

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  • Section 2–102. [Share of Spouse.]

    The intestate share of a decedent's surviving spouse is:

    (1) the entire intestate estate if:

    (i) no descendant or parent of the decedent survives the decedent; or

    (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

    (2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

    (3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent;

    (4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.