What to Do When Someone Dies in Massachusetts
What to Do When Someone Dies in Massachusetts
When someone dies in Massachusetts, your first actions are: contact a funeral home, begin the death certificate process, and locate any will or estate plan. This guide walks you through each required step in order, with specific Massachusetts statutes, deadlines, and fees so you know exactly what to do and when.
What to Do When Someone Dies in Massachusetts: The First 24 to 48 Hours
The hours right after a death involve several time-sensitive requirements under Massachusetts law.
Get a medical certification. A physician, nurse practitioner, or physician assistant must certify the cause of death within 24 hours (M.G.L. c. 46, § 9). The attending provider or medical examiner handles this. If your family member died at home under hospice care, the hospice team manages this step. If death was sudden or unexpected, the medical examiner's office gets involved.
Contact a funeral home. The funeral home takes responsibility for filing the death with the state through Massachusetts MAVRIC, the electronic death registration system launched June 2, 2025. They coordinate with the certifying provider, obtain the burial permit, and manage body transport. No burial permit means no disposition, full stop (M.G.L. c. 114, § 45).
Locate key documents now. Before you call banks or courts, find these:
- The will (original, not a copy)
- Health Care Proxy (M.G.L. c. 201D)
- Durable Power of Attorney (M.G.L. c. 190B, §§ 5-501 to 5-505). Note: this is now void upon death.
- MOLST form (Medical Orders for Life-Sustaining Treatment)
- Life insurance policies
- Any trust documents
Do not keep the Social Security payment for the month of death. The funeral home typically reports the death to the Social Security Administration. Any benefit deposited for the month of death must be returned. Keeping it is considered an overpayment subject to recovery.
Note the 48-hour cremation rule. Massachusetts law prohibits cremation within 48 hours of death (M.G.L. c. 114, § 44). If you are planning cremation, the funeral home cannot proceed until that window has passed. If there is no surviving spouse, all adult children must authorize the cremation (239 CMR 3.09).
Getting Death Certificates in Massachusetts
You need more death certificates than you think. Order 8 to 12 certified copies. Banks, brokerage firms, insurance companies, the Massachusetts Registry of Motor Vehicles, and the Probate Court each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in Massachusetts for detailed ordering instructions.
Where to get them. Certified copies come from two places:
- The city or town clerk where the death occurred
- The Registry of Vital Records and Statistics (RVRS), located at 150 Mt. Vernon St., Dorchester, MA 02125. Hours: Monday through Friday, 8:45 a.m. to 4:45 p.m. Phone: (617) 740-2600.
2026 fees from RVRS:
| Method | First Copy | Additional Copies |
|---|---|---|
| In-person | $20 | $20 |
| Standard mail | $32 | $32 |
| Expedited mail | $42 | $42 |
| Standard online | $54 | $42 |
| Expedited online | $62.50 | $50.50 |
Processing times. In-person requests are typically same-day. Online orders take about 10 business days. Mail requests take 15 to 20 business days.
Order more than you need. Getting additional copies later costs the same per copy, but the time delay will slow down every financial and legal process that follows.
Funeral and Disposition: Massachusetts-Specific Rules
Massachusetts law gives specific people legal authority over funeral arrangements, in this order: spouse, adult children, parents, then siblings (239 CMR 3.09(c)). If family members disagree, the person highest on that list has legal control.
Embalming. Massachusetts does not require embalming. The funeral home may recommend it for certain circumstances, but it is not mandated by state law.
Cremation. The 48-hour wait applies to all cremations (M.G.L. c. 114, § 44). If there is no surviving spouse, all adult children must sign off before cremation proceeds (239 CMR 3.09). This is not optional.
Scattering ashes at sea. Allowed under federal EPA rules, but you must be at least 3 nautical miles offshore (EPA 40 CFR 229.1).
Green burial. Legal in Massachusetts, though there are no exclusively green cemeteries in the state as of 2026. Some conventional cemeteries allow natural burials in designated sections.
Aquamation (alkaline hydrolysis). Not legal in Massachusetts as of 2026.
Home burial. Legally permitted but requires Board of Health approval, Department of Environmental Protection approval, and must be noted on the property deed.
Burial vaults. Massachusetts state law does not require a vault or grave liner. Individual cemeteries may have their own requirements, so check with the specific cemetery.
Notifying Agencies and Canceling Accounts
Work through this list systematically. Each agency has its own process.
Social Security Administration. Call 1-800-772-1213. The funeral home usually reports the death, but call to confirm. If the deceased received benefits, ask about the $255 lump-sum death payment (apply via Form SSA-8 within 2 years of death). Ask about survivor benefits: a surviving spouse may receive up to 100% of the deceased's benefit at full retirement age; eligible children may receive 75%.
Banks and financial accounts.
- Joint accounts with survivorship rights: the surviving owner has immediate access (M.G.L. c. 167D, § 3). Bring a certified death certificate to the bank.
- Small individual accounts: Massachusetts allows a bank to pay a surviving spouse or next of kin after 30 days if the account balance is $10,000 or less (M.G.L. c. 167D, § 12).
- Larger individual accounts: you need Letters of Authority from the Probate Court before the bank will release funds.
- POD (payable on death) accounts: pass directly to the named beneficiary with just a death certificate.
Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form.
Vehicles. If the surviving spouse inherits the vehicle, they can transfer title using an Affidavit of Surviving Spouse plus a death certificate, with no transfer fee through the Massachusetts RMV. If the estate is handling the transfer, the personal representative needs Letters of Authority plus an affidavit.
Utilities, subscriptions, and credit cards. Cancel subscriptions promptly. For credit cards in the deceased's name only, the estate is responsible for outstanding balances. For joint credit cards, the surviving joint holder remains responsible. Notify each issuer in writing with a death certificate.
Massachusetts unclaimed property. If you discover accounts you cannot locate, check FindMassMoney.gov. Massachusetts holds over $2.4 billion in unclaimed funds. The state holds property indefinitely, but claiming it is easier when done sooner.
Probate in Massachusetts: What You Need to Know
Probate is the legal process for transferring assets held in the deceased's name alone. Massachusetts operates under the Massachusetts Uniform Probate Code (MUPC), enacted as M.G.L. c. 190B, effective March 31, 2012. For a detailed walkthrough, see how probate works in Massachusetts.
The term is "personal representative." Massachusetts courts do not use "executor" or "administrator." The person appointed to administer the estate is a personal representative.
What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:
- Joint accounts with survivorship rights (M.G.L. c. 190B, Art. VI)
- Accounts with POD or TOD designations
- Retirement accounts with named beneficiaries
- Life insurance with named beneficiaries
- Property held in a revocable living trust
One important Massachusetts limitation: Massachusetts does not have transfer-on-death (TOD) deeds for real property. Real estate owned solely by the deceased almost always requires probate.
Three types of probate in Massachusetts:
Voluntary Administration costs $115 and is available only for small estates with $25,000 or less in personal property and no real estate. You must wait 30 days after death before filing. File in the Probate and Family Court for the county where the deceased lived.
Informal Probate costs $390. This is the standard path for uncontested estates. You cannot file until 7 days after death (M.G.L. c. 190B, § 3-302). Informal probate proceeds without active court supervision.
Formal Probate costs $405 and is used when there are disputes about the will, contested claims, or other complications requiring a judge to make rulings.
Key probate deadlines:
- File at the appropriate Probate and Family Court in the county where the deceased was domiciled
- Inventory due within 3 months of appointment as personal representative (M.G.L. c. 190B, § 3-706)
- Creditors have 1 year from the date of death to file claims (M.G.L. c. 190B, § 3-803)
- General deadline to open probate: 3 years from date of death (M.G.L. c. 190B, § 3-108)
Priority of payments from the estate. The estate pays debts in a legally mandated order (M.G.L. c. 190B, § 3-805). Funeral expenses are Priority 2. This matters especially if the estate is small or has competing claims.
Massachusetts Estate Tax
Massachusetts has its own estate tax, separate from the federal estate tax.
State threshold. Estates with a gross value over $2 million owe Massachusetts estate tax (M.G.L. c. 65C, § 2A, effective January 1, 2023). A $99,600 credit eliminates the tax entirely for estates at or below $2 million.
The entire estate is taxed. Unlike some states, Massachusetts does not tax only the amount over the threshold. If an estate is worth $2.1 million, the tax applies to the full $2.1 million, not just the $100,000 excess. This makes estate planning particularly important for Massachusetts residents with home equity.
Filing. File Form M-706 within 9 months of the date of death. If you need more time, file Form M-4768 for a 6-month extension, but you must pay at least 80% of the estimated tax by the original 9-month deadline to avoid penalties.
No inheritance tax. Massachusetts has an estate tax but no inheritance tax. Beneficiaries receiving assets from a Massachusetts estate owe no Massachusetts tax on what they receive. The five states that still have inheritance taxes as of 2026 are Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Iowa repealed its inheritance tax effective January 1, 2025.
Federal estate tax. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person (One Big Beautiful Budget Act, P.L. 119-21, signed July 4, 2025). Most Massachusetts estates will not owe federal estate tax.
MassHealth Estate Recovery: A Critical Massachusetts Issue
This section affects Massachusetts families more than almost any other state. If the person who died received MassHealth benefits (Massachusetts Medicaid) at any time, MassHealth has the right to recover what it paid from the probate estate.
How it works. MassHealth files a claim against the estate as a creditor. The personal representative is legally required to notify MassHealth when opening probate (M.G.L. c. 118E, § 32(a)). Missing this step can create personal liability for the personal representative.
When recovery is deferred or waived:
- A surviving spouse is living
- A child under 21 years old survives the deceased
- A blind or disabled child survives the deceased
- The estate is $25,000 or less (MassHealth waives recovery below this cost-effectiveness threshold)
If none of those exceptions apply, MassHealth will file a claim for the amount it paid for the deceased's care. This can be substantial, particularly after nursing home care.
Funeral expenses come first. Under M.G.L. c. 190B, § 3-805, funeral expenses are Priority 2 in the estate payment order. MassHealth claims are Priority 6. The estate pays funeral costs before MassHealth can collect.
The hardship waiver. If MassHealth files a claim and you believe it creates a hardship, you have 60 days from the date MassHealth files its claim to submit a hardship waiver application. Missing that 60-day window eliminates the right to waive.
If MassHealth was involved in the deceased's care, consult an elder law attorney before you distribute any estate assets.
Homestead Protection in Massachusetts
Massachusetts has a specific homestead protection law worth knowing about.
Automatic protection. Every Massachusetts homeowner receives an automatic $125,000 in equity protection without filing anything (M.G.L. c. 188, § 4). This protects that portion of home equity from certain creditor claims.
Declared protection. Filing a Declaration of Homestead at the Registry of Deeds raises that protection to $500,000 (M.G.L. c. 188, § 3). If the deceased had filed a Declaration of Homestead, that protection affects what creditors can reach in the estate.
If the home is the primary estate asset and there are significant debts, the homestead status is a key fact for the personal representative to establish early.
Frequently Asked Questions
How long does probate take in Massachusetts? Informal probate for an uncomplicated estate typically takes 9 to 18 months from filing to close. The 1-year creditor claim period (M.G.L. c. 190B, § 3-803) is often the longest constraint. Formal probate with disputes can take 2 to 3 years. Small estates using Voluntary Administration can close faster, often within a few months.
Does a house have to go through probate in Massachusetts? Yes, in most cases. Massachusetts does not allow transfer-on-death deeds for real property. If the home was owned solely by the deceased, it passes through probate. Exceptions: a home held in a revocable living trust skips probate entirely, and a home owned as joint tenants with right of survivorship passes directly to the surviving co-owner.
What if the deceased had no will in Massachusetts? Dying without a will is called dying intestate. Massachusetts intestacy law (M.G.L. c. 190B, §§ 2-101 through 2-114) determines who inherits. The estate still goes through probate, and the court appoints a personal representative. Intestacy distributions follow a statutory formula: a surviving spouse and children of that marriage, for example, split the estate differently than a spouse with children from a prior relationship. The court does not honor verbal wishes.
What is the $255 Social Security death benefit? It is a one-time lump-sum payment of $255, payable to the surviving spouse who was living in the same household, or to a surviving spouse or dependent child who was already receiving benefits. Apply using Form SSA-8. You have 2 years from the date of death to apply. It is not automatic. Call 1-800-772-1213 or visit a local Social Security office.
Who is legally responsible for the deceased's debts in Massachusetts? The estate is responsible for debts, not the surviving family members individually (with limited exceptions, such as joint debts). The personal representative pays valid claims from estate assets in the priority order set by M.G.L. c. 190B, § 3-805. If estate assets are exhausted before all debts are paid, remaining creditors receive nothing. Family members who did not personally guarantee a debt do not inherit it.
What to Do Next
The steps in this guide represent dozens of individual tasks, most of which have to happen in the right sequence and within specific legal windows. 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 estates valued over $2 million or contested situations, consult a Massachusetts-licensed attorney.
Sources: M.G.L. c. 190B (Massachusetts Uniform Probate Code); M.G.L. c. 65C (Estate Tax); M.G.L. c. 114 (Cemeteries and Burials); M.G.L. c. 46 (Death Certificates); M.G.L. c. 118E (MassHealth); mass.gov; ssa.gov