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What to Do When Someone Dies in Massachusetts

Step-by-step guide for the first days and weeks after a death in Massachusetts. It walks through the urgent tasks, the paperwork the Probate and Family Court expects, and the decisions that come next under M.G.L. c. 190B, the Massachusetts Uniform Probate Code.

Get Death Certificates

Massachusetts has one Probate and Family Court division for each of its 14 counties, served by 19 courthouses. File in the county where the person lived. Filing fees are set statewide, so they do not change from county to county.

Sources

If You Are the Named Executor in Massachusetts

If you are the named executor, personal representative, or the family member organizing a Massachusetts estate, start with the records and court tasks below at a steady pace. Each step links to its full instructions in the timeline.

  1. Find the Original Will and Note Who Is Holding It

    Statute: M.G.L. c. 190B, § 2-516

  2. Order Certified Death Certificates

    Massachusetts death certificates guide →

  3. Deliver the Will Within 30 Days

    Statute: M.G.L. c. 190B, § 2-516

  4. Notify the Social Security Administration
  5. Work Out Whether You Need Probate At All

    Statute: M.G.L. c. 190B, § 3-1201

    Massachusetts probate guide guide →

We are sorry for your loss. Take the time you need, and ask people to help. Almost nothing here has to happen today, and this guide will still be here when you are ready.

Timeline of Tasks

Start with the immediate tasks. Open each later phase as you reach it.

First 24 to 48 Hours

Get an Official Pronouncement of Death
A medical professional has to pronounce the death before anything else can move.
Call a Funeral Home
The funeral home moves the body and files the death record with the city or town clerk.
Tell Close Family and Friends
Reach the people who need to hear it from you.
Find the Original Will and Note Who Is Holding It
Massachusetts puts a 30-day duty on whoever has custody of the will.

First Week

Order Certified Death Certificates
Almost every institution wants its own certified copy, and Massachusetts asks for more of them than most states.
Deliver the Will Within 30 Days
The custodian of the will has 30 days from learning of the death to hand it over.
Secure the Home, the Car, and the Mail
Protect the property before anything walks out the door.
Notify the Social Security Administration
Report the death so benefit payments stop.
Plan the Service
Make the arrangements that fit the family and the budget.

First Month

Work Out Whether You Need Probate At All
Massachusetts has four routes, and the cheapest one depends on what the person owned.
Give the 7-Day Notices Before You File for Informal Probate
Massachusetts front-loads two notices that have to go out BEFORE the petition.
File the Petition With the Register of Probate
Open the estate and get appointed.
Publish the Notice of Informal Probate Within 30 Days AFTER Appointment
This publication runs after the appointment, not before it, and it is not a notice to creditors.
Open an Estate Account and Notify the Financial Institutions
Get the money into one account you control as fiduciary.
File the Life Insurance and Retirement Claims
These pay directly to the named beneficiary, outside probate.
Claim the Surviving Spouse Protections
Two Massachusetts allowances come off the top, ahead of unsecured creditors.

Months Two Through Twelve, and Closing

Prepare the Inventory Within 3 Months of Appointment
List everything the person owned at death, with date-of-death values.
Track the One-Year Creditor Bar
This is the Massachusetts rule most people get wrong.
Handle the MassHealth Claim
MassHealth recovers only from the probate estate, but it has real teeth.
Watch the Spouse's 6-Month Right to Waive the Will
Massachusetts uses a waiver of the will, not a Uniform Probate Code elective share.
File the Tax Returns
Massachusetts has its own estate tax, and its threshold sits far below the federal one.
Clear the Estate Tax Lien Before Selling Real Estate
Massachusetts closings stop dead without this.
Transfer the Vehicle
Massachusetts gives a surviving spouse a statutory shortcut that most states do not.
Distribute, Then Close the Estate
A Massachusetts informal estate cannot close before 6 months after the appointment.
Close Out the Rest of the Paperwork
The small cancellations that stop money leaking.

Who to Notify

Social Security Administration
Call 1-800-772-1213
Employer / HR Department
Phone call or email
Banks & Credit Unions
Visit branch with death certificate
Insurance Companies
Call policy customer service
Credit Card Companies
Call number on card
Utility Companies
Call to transfer or cancel
DMV / Vehicle Registration
Visit in person or online
Post Office
Submit change of address form

Documents to Gather

Death Certificates

Many estates start with 10-15 certified copies because banks, insurers, property-transfer contacts, and agencies may ask for them.

How to get death certificates →

Will & Trust Documents

Look in safe deposit boxes, home safes, attorney files, and records folders.

Probate guide →

Financial Statements

Bank statements, investment accounts, retirement accounts, and recent tax returns.

Asset transfer guide →

There is no rush on this. When you are ready, a short assessment can help you see whether probate is needed.

What Comes Next?

After the first 30 days, you may need to start probate or transfer assets. The Massachusetts probate guide walks through what usually comes next.

Read the Massachusetts Probate Guide

More Massachusetts Resources

Explore the rest of the Massachusetts probate hub.

Do I need probate?4 pages
Costs and money5 pages
File for probate2 pages
Transfer assets4 pages
Learn and reference5 pages