How Probate Works in Massachusetts
How Probate Works in Massachusetts
Massachusetts probate is governed by the Massachusetts Uniform Probate Code (MUPC), codified at M.G.L. c. 190B and effective since March 31, 2012. Whether an estate owes a $115 filing fee or a $405 one depends on the size of the assets left behind and whether anyone disputes the proceedings. This guide covers every path through the Massachusetts system: who can skip probate entirely, who qualifies for the $25,000 small estate shortcut, and what to expect in a full informal or formal probate.
When Probate Is Required in Massachusetts
Not every asset someone owned at death goes through probate. Massachusetts law draws a clear line between probate assets and nonprobate transfers.
Probate is required for:
- Real estate held solely in the decedent's name
- Bank accounts in the decedent's name alone, with no payable-on-death (POD) designation
- Personal property titled solely in the decedent's name
These assets skip probate entirely under M.G.L. c. 190B, Art. VI:
- Jointly held property with right of survivorship
- Life insurance proceeds with a named beneficiary
- Retirement accounts (401(k), IRA) with a named beneficiary
- POD bank accounts
- TOD (transfer-on-death) securities accounts
- Property held in a revocable living trust
- Property held as tenancy by the entirety between spouses
One important Massachusetts-specific note: Massachusetts does not recognize TOD deeds for real property. Several states allow homeowners to name a beneficiary directly on a deed, bypassing probate for real estate. Massachusetts is not one of them. If someone dies owning a house in their name alone, that house must go through probate.
Before assuming you need to open probate, inventory what the decedent actually owned and how each asset was titled. You will also need to obtain a certified death certificate before filing anything with the court. Many estates have little or nothing subject to probate because accounts had beneficiary designations or were jointly held.
Voluntary Administration: The $25,000 Small Estate Shortcut
If the estate consists only of personal property (no real estate) worth $25,000 or less, Massachusetts offers a simplified option called Voluntary Administration. Statute: M.G.L. c. 190B, §§ 3-1201 to 3-1204.
Eligibility requirements:
- Personal property only. No real estate of any kind.
- Total value of personal property at or under $25,000. One motor vehicle is excluded from that limit.
- No petition for a personal representative (PR) is already pending.
- At least 30 days must have passed since the date of death.
Cost and forms:
The filing fee is $115 ($100 plus a $15 surcharge). The main filing is Form MPC 170 (Voluntary Administration Statement). You will also need Form MPC 965 (checklist).
Key limitations:
The Voluntary Personal Representative (VPR) cannot charge fees for their service. They also cannot deal with real estate. If real estate exists, this route is closed, regardless of its value.
MassHealth timing:
MassHealth has 4 months from docketing to file claims in a voluntary administration proceeding. This matters if the person who died received MassHealth benefits.
Voluntary Administration is the fastest and cheapest path through the Massachusetts system. If the estate qualifies, it is the right choice.
Informal Probate: The Most Common Path
Informal probate handles the majority of Massachusetts estates. It is the right option when there is no dispute about the validity of the will and no dispute about who should serve as personal representative.
Legal basis: M.G.L. c. 190B, §§ 3-301 to 3-311
Who decides: A MUPC Magistrate, not a judge. This keeps the process administrative rather than adversarial.
Filing fee: $390 ($375 petition plus a $15 surcharge) under M.G.L. c. 262, § 40.
Step-by-Step: Informal Probate
Step 1. Wait at least 7 days after death. You cannot file for informal probate until 7 days have passed (M.G.L. c. 190B, § 3-302).
Step 2. Identify the county court. Massachusetts has 14 counties, each with its own Probate and Family Court. File in the county where the decedent was domiciled at death. Court locations are listed at mass.gov/orgs/probate-and-family-court/locations.
Step 3. Give advance notice to interested persons. At least 7 days before filing, you must give notice to all interested persons (heirs, devisees, creditors) using Form MPC 550. Alternatively, interested persons may sign a waiver on Form MPC 455 to skip the waiting period.
Step 4. File the petition. The main filing is Form MPC 150, along with Form MPC 162 (list of heirs and devisees). Submit both to the Probate and Family Court with the $390 filing fee. You will need a certified death certificate to file.
Step 5. Post bond. Bond is required in all cases using Form MPC 801. Sureties may be waived if the will directs it or if heirs waive bond in writing.
Step 6. Publish notice after appointment. Once appointed, the personal representative publishes notice to creditors using Form MPC 551. Creditors then have until 1 year from the date of death to file claims (M.G.L. c. 190B, § 3-803).
Step 7. File inventory within 3 months. The PR must file an inventory of all probate assets within 3 months of appointment (M.G.L. c. 190B, § 3-706).
Step 8. Pay debts and distribute assets. The PR pays valid creditor claims, taxes, and administration expenses, then distributes remaining assets to beneficiaries according to the will or intestate succession rules.
Step 9. Close the estate. The PR may close by filing a sworn statement after at least 1 year of service (M.G.L. c. 190B, § 3-1003), or petition for a formal order of complete settlement under § 3-1001. The account form is MPC 853.
Typical timeline: 6 to 12 months for a straightforward estate.
Formal Probate: When Disputes Arise
Formal probate is heard by a judge, not a magistrate. It is required when someone contests the validity of a will, disputes who should serve as PR, or when no one with statutory priority for the PR role is available.
Legal basis: M.G.L. c. 190B, §§ 3-401 to 3-414
Filing fee: $405 ($375 petition plus $15 surcharge plus $15 citation) under M.G.L. c. 262, § 40.
Main form: MPC 160.
The court assigns a case track at the outset: 3 to 6 months, 8 months, or 14 months to trial. Contested estates take longer. Formal probate typically runs 12 to 24 months, and complex litigation can extend well beyond that.
Late and limited formal probate is available after the general 3-year filing deadline under M.G.L. c. 190B, § 3-108(4). It has limited scope and can only confirm ownership of probate assets. It cannot accomplish the full range of estate administration tasks.
The Personal Representative: Who Can Serve and What They Do
Massachusetts uses the term "personal representative" (PR) throughout the MUPC. You will not find "executor" or "administrator" in the Massachusetts statute. The PR is the person legally responsible for administering the estate.
Priority Order (M.G.L. c. 190B, § 3-203)
When more than one person wants the role, or when no will names anyone, the court follows this priority:
- Person nominated in the will
- Surviving spouse who is also a devisee under the will
- Other devisees under the will
- Surviving spouse not named in the will
- Other heirs
- Public administrator
Requirements: The PR must be at least 18 years old. A non-resident of Massachusetts may serve but must appoint a Massachusetts resident as their agent.
PR Duties
The PR's core responsibilities are:
- Marshal and inventory all probate assets
- Notify MassHealth of the probate opening (required by M.G.L. c. 118E, § 32(a))
- Publish notice to creditors
- Pay valid debts, taxes, and expenses in the statutory priority order
- File required court accounts
- Distribute the remaining estate to beneficiaries
- File to close the estate
The PR is a fiduciary. Acting in self-interest at the estate's expense creates personal liability.
Key Deadlines and Fees at a Glance
Deadlines
| Event | Deadline | Statute |
|---|---|---|
| Earliest informal probate filing | 7 days after death | M.G.L. c. 190B, § 3-302 |
| Earliest voluntary administration filing | 30 days after death | M.G.L. c. 190B, § 3-1201 |
| Inventory due | 3 months after PR appointment | M.G.L. c. 190B, § 3-706 |
| Creditor claim deadline | 1 year from date of death | M.G.L. c. 190B, § 3-803 |
| General probate filing deadline | 3 years from date of death | M.G.L. c. 190B, § 3-108 |
Filing Fees (M.G.L. c. 262, § 40)
| Proceeding | Fee |
|---|---|
| Voluntary Administration | $115 |
| Informal Probate petition | $390 |
| Formal Probate petition | $405 |
| Each citation | $15 |
| Account (estate $1,000 or less) | $0 |
| Account (estate $1,001 to $10,000) | $75 |
| Account (estate $10,001 to $100,000) | $100 per year |
These are court fees only. They do not include attorney fees, accounting fees, publication costs, or bond premiums if a surety is required.
Who Inherits When There Is No Will in Massachusetts
If someone dies without a valid will, Massachusetts intestate succession rules determine who inherits. The governing statute is M.G.L. c. 190B, § 2-102.
Surviving spouse only (no descendants, no parents): The spouse inherits the entire estate.
Surviving spouse plus descendants who are all also the spouse's descendants, and the spouse has no other descendants: The spouse receives the first $200,000 plus three-quarters of the remaining balance. The rest goes to the descendants.
Surviving spouse plus parents but no descendants: The spouse receives the first $200,000 plus three-quarters of the remaining balance. The rest goes to the parents.
Surviving spouse plus descendants where some descendants are not the spouse's, or where the spouse has descendants from outside the marriage: The spouse receives the first $100,000 plus one-half of the remaining balance. The rest goes to the descendants.
No surviving spouse: Assets pass first to descendants, then to parents, then to siblings, then to grandparents and their issue, and finally to the Commonwealth of Massachusetts (escheat).
The $200,000 and $100,000 thresholds exist in Massachusetts law to protect a surviving spouse from being pushed out of the marital home when adult children from a prior relationship inherit a large share of the estate.
MassHealth Estate Recovery: What You Need to Know
Massachusetts has an active MassHealth (Medicaid) estate recovery program. If the person who died received MassHealth benefits at any point after age 55, MassHealth may file a claim against the probate estate to recover what it paid.
Required notice: The PR must notify MassHealth when opening any probate proceeding. This is a legal obligation under M.G.L. c. 118E, § 32(a). Failing to notify MassHealth can create personal liability for the PR.
MassHealth's claim priority: MassHealth is Priority 6 in the statutory payment order under M.G.L. c. 190B, § 3-805. Funeral and burial expenses are Priority 2. That means MassHealth cannot be paid before the funeral and burial costs are covered.
The full priority order:
- Administration costs
- Funeral and burial expenses
- Federal tax claims
- Last illness medical expenses
- State tax claims
- MassHealth estate recovery claims
- General unsecured creditors
The $25,000 waiver: MassHealth has a cost-effectiveness policy and generally will not pursue estates worth $25,000 or less. This is an administrative policy, not a statutory right.
If the decedent received significant MassHealth benefits, this can be the largest claim against the estate. Families often discover this after the fact. Understanding the priority order matters: do not pay general creditors before the PR has addressed higher-priority claims.
Frequently Asked Questions
Does every Massachusetts estate have to go through probate?
No. Only assets titled solely in the decedent's name at death require probate. Assets with named beneficiaries (life insurance, retirement accounts, POD bank accounts), jointly held assets, and assets in a revocable trust all transfer outside probate. Many estates require little or no probate at all. The first step is to review how each asset was titled.
What is the small estate threshold in Massachusetts?
$25,000 in personal property (excluding one motor vehicle). If the estate has no real estate and total personal property is $25,000 or less, you can use the Voluntary Administration process under M.G.L. c. 190B, §§ 3-1201 to 3-1204. The filing fee is $115. You must wait at least 30 days after death to file.
How long does probate take in Massachusetts?
Informal probate for a straightforward estate typically takes 6 to 12 months from filing to closing. Formal probate for contested estates runs 12 to 24 months or longer. The 1-year creditor claim period (M.G.L. c. 190B, § 3-803) is a hard floor: the estate generally cannot be fully closed before that period expires.
Can a non-Massachusetts resident serve as personal representative?
Yes. A non-resident may serve as PR under M.G.L. c. 190B, § 3-203, but they must appoint a Massachusetts resident agent to accept legal process on behalf of the estate.
What happens if no one files for probate within 3 years of death?
After 3 years from the date of death, the standard probate filing period closes under M.G.L. c. 190B, § 3-108. Late and limited formal probate remains available but is restricted in scope. It can confirm ownership of probate assets but cannot accomplish full estate administration. If assets were left behind and no one acted within 3 years, consult a Massachusetts probate attorney before proceeding.
What to Do Next
If you are handling a Massachusetts estate for the first time, start with the complete guide to what to do when someone dies in Massachusetts for the full sequence of tasks before probate even opens. Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Massachusetts statutes current as of April 2026. Laws change. For contested estates or estates over $2 million, consult a Massachusetts-licensed probate attorney.
Sources: M.G.L. c. 190B (Massachusetts Uniform Probate Code); M.G.L. c. 262, § 40 (Filing Fees); mass.gov/guides/file-an-informal-probate-for-an-estate; mass.gov/guides/file-a-voluntary-administration-for-an-estate