Probate in Massachusetts, explained
What the court does when someone dies, how long it usually takes, and which property passes outside it.
What probate is
When someone dies, the property they owned has to be transferred to the people who inherit it. For property in the person's name alone, with no joint owner and no beneficiary named, that transfer usually goes through probate, a process run by the Probate and Family Court.
The court appoints a personal representative, often the person named in the will, to gather the property, pay debts and expenses, and distribute what is left. If there is no will, Massachusetts law decides who inherits.
How it works in Massachusetts
Massachusetts follows the Massachusetts Uniform Probate Code, General Laws chapter 190B. Many estates use informal probate, handled by a court magistrate without a hearing when the paperwork is in order and no one objects. Others need formal probate, where a judge decides.
Estates with no real estate and personal property worth $25,000 or less, not counting one car, can often use a simpler voluntary administration.
How long it takes, and what is public
Creditors generally have one year from the date of death to bring claims against the estate, so many estates stay open at least that long. Court filings, including a will once it is filed, are generally public records.
What passes outside probate
Some property goes straight to the people named, without the court:
- Property owned jointly with someone who survives you, when the title gives the survivor the whole
- Accounts with a named beneficiary, such as life insurance, retirement accounts, and payable on death accounts
- Property held in a funded trust
This is why the way property is titled matters as much as what a will says.
Common questions
Does having a will avoid probate?
No. A will tells the court what you want, but property in your name alone still goes through probate. A funded trust is one common way to avoid it.
Who pays the costs of probate?
Court fees, publication costs, and professional fees are generally paid from the estate before anything is distributed.
Check your understanding
Three quick questions. Nothing is saved or sent.
1Which of these usually passes outside probate?
A named beneficiary receives the account directly. Property in your name alone usually goes through probate.
2How long do creditors generally have to bring claims after a death in Massachusetts?
The general rule is one year from the date of death, which is one reason estates stay open that long.
3Who handles a probate estate?
The court appoints a personal representative, often the person named in the will.
Official sources
Keep learning
Everything here is general education about Massachusetts law, written by WisePath Estate Planning. It is not legal advice for your situation, and reading it does not make you our client.