Common Massachusetts Probate Mistakes to Avoid

Keeping the original will in a drawer or a safe deposit box while the family decides what to do, past the 30-day mark.

Publishing the informal probate notice, counting a few months, and treating creditors as cut off the way you would in almost any other state.

Filing the informal petition (MPC 150) or the voluntary administration statement (MPC 170) without the certified mailing to MassHealth, or without the certification that it was sent.

Letting the 3 months run while the estate is still being sorted out, or assuming the clock starts at the date of death.

Handing out the money as soon as the accounts are collected, well inside the year from death.

Filing a voluntary administration statement (MPC 170) when the decedent owned real estate, or expecting the statement to clear title to a house.

Planning around a Massachusetts transfer-on-death deed, or buying an online TOD deed form and recording it against a Massachusetts property.

Seeing two names on a deed and concluding the property passed automatically to the survivor.

Waiting to decide whether to take against the will until the estate is nearly settled.

Assuming there is no state estate tax because the estate is nowhere near the federal exemption.

Scheduling a closing on estate real property without the recorded lien release, or without the court license to sell where one is required.

Distributing a probate estate that includes a home, when the decedent received MassHealth benefits, without resolving the MassHealth claim.

Depositing estate money into a personal account, buying estate property for yourself, or paying personal bills out of estate funds and planning to sort it out later.

Leaving an estate unopened for years because nobody wanted to deal with it, then discovering the house cannot be sold.