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How Assets Transfer After Death in Massachusetts

Not everything a person owned goes through the Probate and Family Court. What happens to each asset depends on how it was titled and whether the owner named a beneficiary.

Ask one question of every asset: did the deceased set up a way for it to pass automatically? In Massachusetts that means survivorship in the deed, a beneficiary designation, or a funded trust. It does NOT include a transfer-on-death deed, because Massachusetts does not have one.

Transfers Automatically (No Probate)

These assets carry a built-in mechanism that moves them to a named person the moment the owner dies.

Requires Probate

Assets held in the decedent's name alone, with no beneficiary and no survivorship, pass under the will or by intestate succession and generally need a Probate and Family Court appointment.

Special Massachusetts Rules

Massachusetts has its own set of shortcuts and protections that do not look like other states.

Exempt property of $10,000 for the surviving spouse, or for the children if there is no spouse (M.G.L. c. 190B, § 2-403)

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Select an Asset Type

Massachusetts left the uniform act's multiple-person account rules (M.G.L. c. 190B, §§ 6-201 to 6-206) Reserved, so the bank's own account agreement decides how a joint or payable-on-death account behaves. Ask the bank in writing how each account is titled.

Pro Tips

  • -Ask each bank in writing whether the account carries a payable-on-death or in-trust-for designation, because families often do not know
  • -Notify the bank promptly so automatic debits and card use stop
  • -Do not close a joint account right away; you may need it while bills are still clearing
  • -Order more certified death certificates than you think you need, since each institution keeps one

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Massachusetts?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page
  • M.G.L. c. 190B (Massachusetts Uniform Probate Code), including §§ 2-403 to 2-405, 3-101, 3-706, 3-901, 3-1201, 3-1202, 6-101, 6-301 to 6-302
  • M.G.L. c. 184, § 7 and M.G.L. c. 209, § 1 (how Massachusetts title is held)
  • M.G.L. c. 167D, § 12 (payment of a deceased depositor's account)
  • M.G.L. c. 90D, §§ 15, 15A, 17 (motor vehicle certificates of title)
  • M.G.L. c. 65C, § 14 and M.G.L. c. 202, § 1 (estate tax lien and license to sell)
  • M.G.L. c. 262, § 38 and M.G.L. c. 44B, § 8 (registry of deeds recording fees)
  • Massachusetts RMV: Surviving spouse, heirship, and inheritance (mass.gov)
  • Massachusetts Probate and Family Court forms for wills, estates, and trusts (mass.gov)

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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