Summary of State Wrongful Death and Intestacy Statutes

Economic porportion of the presumed award:

If the deceased was survived by a spouse and no children, then all to the surviving spouse.
If the victim was survived by a spouse and by one child or by the issue of one deceased child, then 1/2 to the surviving spouse and 1/2 to the child or descendants.
If the deceased was survived by a spouse and by more than one child, then 1/3 to surviving spouse and 2/3 to the surviving children or grandchildren.
If there is no surviving spouse, then to the “next of kin” as defined by the laws of intestate succession.

Pecuniary loss is defined by the Massachusetts Wrongful Death statute and cases interpreting that statute.

Priority under intestate laws:

Spouse, no children, but other relatives -- the spouse takes the first $200,000, and 1/2 of the remainder of the estate. Next of kin takes balance.
Spouse and children -- spouse takes 1/2 and children take balance.
Spouse with no children or relatives -- the surviving spouse takes all.
Children, no spouse -- The whole to the children in equal shares divided equally among those in the same generation.
No spouse or children -- the parents take equal shares of the estate.
No spouse, children or parents -- shares then proceed to the brothers and sisters or descendants of deceased siblings divided equally among those in the same generation.
No one listed above -- Whoever is the next closest in kinship, takes all.

When there are children of different generations (such as grandchildren):

The estate is divided into as many shares as there are living members of the nearest generation of children, including deceased children in the same generation who left behind children. Each surviving heir in the nearest generation to the victim receives one share and the share of each deceased person in the same generation is divided among his or her descendants in the same manner.