Massachusetts Probate Guide

Massachusetts probate is the Probate and Family Court process that proves a will, appoints a personal representative, pays valid debts, and passes what is left to the heirs or beneficiaries. Massachusetts runs it under the Massachusetts Uniform Probate Code, M.G.L. c. 190B, which has governed estates here since 2012.

Almost every Massachusetts estate takes one of three paths, compared side by side on the Massachusetts probate types page. A small personal-property estate uses voluntary administration and never opens a full case. An uncontested estate goes through informal probate, decided on the papers by a magistrate. A contested or complicated estate goes to formal probate before a judge. Picking the right path on day one is the decision that sets your cost, your timeline, and how much paperwork lands on you.

Read this as a planning map rather than a filing packet. The Probate and Family Court publishes its own MPC form set, and the division in your county answers procedural questions about it. Start with the Massachusetts probate court directory to find the right courthouse, and use the Massachusetts first steps guide for the tasks that come before any filing.

Where Massachusetts Probate Starts

Venue comes first. File in the Probate and Family Court division for the county where the decedent lived at death. Massachusetts has 14 counties and 19 courthouses, because Bristol, Essex, Middlesex, and Plymouth run additional courthouses, and Suffolk and Hampshire run satellite sessions. Each division has an elected Register of Probate who accepts filings and issues letters.

Get the vocabulary right, because it shapes every search you run. Massachusetts does not have a Surrogate's Court, a Register of Wills, or an Orphans' Court. It has the Probate and Family Court. And since the code took effect, Massachusetts has one title for the person who settles an estate: personal representative. Executor and administrator are retired terms here. Any Massachusetts page still talking about Letters Testamentary is describing law that changed more than a decade ago.

Two clocks start at death. Whoever holds the original will must deliver it within 30 days after notice of the death, either to a person able to secure its probate or to an appropriate court, and a willful failure creates civil liability to anyone harmed by it (M.G.L. c. 190B, § 2-516). Separately, no probate or appointment proceeding may start more than 3 years after the death, subject to narrow exceptions (§ 3-108).

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Informal Probate vs Formal Probate in Massachusetts

This is the choice that defines a Massachusetts estate. Both tracks appoint a personal representative and both produce letters the banks will accept. They differ in who signs the order, whether anyone appears in court, and how long you wait.

Informal Probate and Appointment

Informal probate is the common path for an uncontested Massachusetts estate. A magistrate of the Probate and Family Court reviews the petition on the papers and allows it without a hearing (§§ 3-301 to 3-311). Two notices have to go out before you file, and both trip people up:

Written notice, delivered or sent by ordinary mail 7 days before you petition, to all heirs and devisees, to anyone with a prior or equal right to appointment, and to any personal representative whose appointment has not ended (§ 3-306(a)).
A copy of the petition and the death certificate to the division of medical assistance, MassHealth, by certified mail, also 7 days before you petition (§ 3-306(g)).

The petition itself has to state that the copy and the death certificate went to MassHealth by certified mail (§ 3-301(a)(1)), so skipping that step stalls the whole filing. After the magistrate allows the petition, publish notice once in a newspaper the register designates, no more than 30 days after the informal probate or appointment (§ 3-306(b)). Read that timing twice. The publication comes after appointment, it announces that the estate is being administered without court supervision, and it starts no creditor clock.

Formal Probate and Appointment

A formal testacy proceeding is litigation to decide whether the decedent left a valid will (§ 3-401). A judge hears it after service of a citation with a return date. Use the formal track when the will is contested, when the original will cannot be found, when an heir is a minor or an incapacitated person, or when an interested person asks the court to set aside an informal probate. Once a formal proceeding is pending, the magistrate stops acting on informal petitions for that estate.

Supervised Administration

Supervised administration is the heaviest option. It is a single proceeding in which the personal representative stays under the continuing authority of the court until an order approves distribution and grants a discharge (§ 3-501). Nothing goes out the door without a court order. Families ask for it when they do not trust the person holding the checkbook.

Informal vs Formal at a Glance

Feature	Informal probate	Formal probate
Who allows it	A magistrate, on the papers	A judge, after a citation
Hearing	None	Yes, with a return date
Best fit	Uncontested, provable will	Contested will, missing original, minor or incapacitated heir
Statute	M.G.L. c. 190B, §§ 3-301 to 3-311	M.G.L. c. 190B, §§ 3-401 to 3-414
Filing fee	$390	$390
Typical length	8 to 14 months	12 to 24 months

Notice the fee row. Informal and formal probate cost the same to file in Massachusetts, so the choice is procedural and never a way to save money. The tracks are not locked either: an estate can open informally and move to a formal proceeding the day a dispute surfaces.

Small Estate Paths That Skip Full Administration

Not every Massachusetts estate needs a personal representative at all.

Voluntary administration. An interested person may file a sworn Statement of Voluntary Administration with the Register of Probate once 30 days have passed since the death, provided no petition for appointment has been filed in that county. The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 (§ 3-1201). The car sits outside the ceiling, which is why more estates qualify than people expect. Real estate makes the estate ineligible. File the original will with the statement, attach a death certificate issued by a public officer, and certify that copies of the statement and the death certificate went to MassHealth by certified mail. That $25,000 figure is fixed in the statute and carries no inflation adjustment, so do not look for a new number each January. The Massachusetts small estate affidavit page walks the statement, the MassHealth notice, and the filing fee step by step.

Summary administration. This one is a formula rather than a dollar cap. If the whole estate, less liens and encumbrances, does not exceed family allowances, exempt property, administration costs, reasonable funeral expenses, and the reasonable medical and hospital expenses of the last illness, an appointed personal representative may distribute right away without giving notice to creditors and then close by sworn statement (§ 3-1203).

Late and limited formal probate. Past the 3-year line, a proceeding can still be commenced when nothing happened in that window, but the personal representative may hold only what is needed to confirm title in the successors, and claims other than administration expenses cannot be presented (§ 3-108(4)).

Who Does What in a Massachusetts Estate

Four roles carry a Massachusetts case:

Personal representative. Gathers the assets, files the inventory, pays claims in the statutory order, and distributes what remains. See the Massachusetts executor duties guide for the full task list.
Register of Probate. The elected county officer who dockets filings, designates the newspaper for publication, and issues letters.
Magistrate. Allows informal probate and informal appointment without a hearing.
Judge. Hears formal testacy, appointment disputes, and supervised administration.

If there is no will, the Massachusetts intestate succession rules decide who inherits and who has priority to serve. If there is a will, it has to satisfy the Massachusetts will requirements before a magistrate or judge will allow it. A surviving spouse also holds rights that sit outside the will, including exempt property, a family allowance, and the right to waive the will and take a statutory share instead.

Massachusetts Probate Deadlines

Calendar these dates the week you open the estate. The Massachusetts probate timeline guide walks through each phase in order.

Step	Deadline
Deliver the original will	Within 30 days after notice of the death (§ 2-516)
Notice to heirs, devisees, and anyone with equal or prior right to serve	At least 7 days before filing (§ 3-306(a))
Certified-mail notice to MassHealth	At least 7 days before filing (§ 3-306(g))
Publish notice of the informal proceeding	Once, within 30 days after appointment (§ 3-306(b))
File or mail the inventory	Within 3 months after appointment (§ 3-706)
Earliest verified closing statement	6 months after the original appointment (§ 3-1003)
Creditor action barred	1 year after the date of death (§ 3-803)
Closing statement becomes unchallengeable	1 year after it is filed, absent fraud or manifest error (§ 3-1003)
Outer limit to start probate	3 years after death (§ 3-108)

The inventory rule is stricter than most people assume. Within 3 months after appointment, the personal representative prepares a list of everything the decedent owned at death in reasonable detail, with the date-of-death fair market value of each item and any encumbrance, then files it with the court or mails a copy to the interested persons (§ 3-706).

Closing runs on its own clock. A personal representative outside supervised administration may close by filing a verified statement no earlier than 6 months after the original appointment, confirming that claims have been handled and that a full written account went to the affected distributees (§ 3-1003). If nothing is pending a year later, that statement can no longer be challenged except for fraud or manifest error. Formal settlement and supervised estates instead need a court-allowed account, which the Massachusetts probate accounting guide covers.

The Creditor Rule Massachusetts Writes Differently

Here is the fact most Massachusetts pages get wrong. There is no published notice-to-creditors period in Massachusetts. Section 3-801 of the uniform act, the notice-to-creditors provision that gives other states a four-month or six-month window, reads Reserved in the Massachusetts code and carries no text at all.

What Massachusetts has instead is a single outer bar. A personal representative cannot be held to answer a creditor action unless the action is commenced within 1 year after the date of death, and unless, before that year expires, the process was served in hand on the personal representative or accepted, or a notice of the action naming the estate, the creditor, the amount, and the court was filed with the register (§ 3-803). The clock runs from the death, not from any publication, so a late appointment shortens the runway rather than extending it.

A few claims sit outside that bar: proceedings to enforce a mortgage, pledge, or other lien; personal-injury and wrongful-death actions limited to insurance or bond proceeds; and compensation for the personal representative or the estate's attorney or accountant. The Supreme Judicial Court can also allow a late claim in equity when the creditor was not chargeable with culpable neglect. If the estate cannot pay everyone, § 3-805 sets seven classes of payment, with administration costs first and MassHealth sixth. The Massachusetts creditor claims guide works through the one-year bar and the payment order with worked examples.

What Massachusetts Probate Costs

Massachusetts sets Probate and Family Court filing fees by statute, statewide, by pleading type. They do not vary by county and they do not scale with the size of the estate. The base fees come from M.G.L. c. 262, § 40, and a flat $15 surcharge attaches to any petition that gets its own docket number under § 4C.

Filing	Base fee	Surcharge	Total
Informal probate of a will and appointment of a personal representative	$375	$15	$390
Formal probate of a will, adjudication of intestacy, and appointment	$375	$15	$390
Supervised administration	$375	$15	$390
Statement of voluntary administration	$100	$15	$115

Budget for a few extras on top. The court charges $15 for each citation, the newspaper bills the publication separately, and each subsequent letter the Register issues costs $25, and an attested copy of another court document is charged separately. A formal case with a real dispute adds attorney time, which is the line item that actually moves the total.

Massachusetts pays a personal representative reasonable compensation for services, with no statutory percentage and no fee table (§ 3-719). A will can set the compensation, and the personal representative can renounce it in writing. Massachusetts also has no statutory attorney-fee schedule for probate.

One more cost people forget: the bond. Massachusetts flips the usual assumption. Sureties are required on a personal representative's bond unless the will waives them, all the heirs or devisees file a written waiver, the personal representative is a qualified bank or trust company, or the court finds sureties are not in the estate's best interest (§ 3-603). A surety bond costs real money each year, so gather the waivers before you file. The Massachusetts bond requirements guide explains how.

When Massachusetts Probate Is Not Needed

Probate reaches only assets held in the decedent's sole name with no built-in transfer. Plenty of property skips it:

Accounts and policies with a named beneficiary, including life insurance and retirement plans.
Property held jointly with right of survivorship, and a marital home held as tenants by the entirety.
Securities and brokerage accounts registered in beneficiary form, which Massachusetts allows under §§ 6-301 to 6-311.
Assets titled in a revocable trust, including a Massachusetts nominee trust.
Personal property that fits under the voluntary administration ceiling.

One warning, because competitors publish the opposite. Massachusetts has no transfer-on-death deed for real estate. The commonwealth never adopted the Uniform Real Property Transfer on Death Act, and the beneficiary-form registration provisions cover securities, not land. To keep a Massachusetts house out of probate you use a trust, a life estate deed, joint tenancy, or tenancy by the entirety. The how to avoid probate in Massachusetts guide compares those options side by side.

When to Call a Massachusetts Attorney

An uncontested informal estate with a clear will is manageable on your own, and the Massachusetts probate without a lawyer guide shows how far you can get. Bring in counsel when:

Heirs or beneficiaries disagree about the will, the assets, or who should serve.
The estate may not cover its debts, so the § 3-805 payment order decides who gets paid.
Real estate has to be sold, which raises the estate tax lien and the license-to-sell question.
MassHealth has a recovery claim against the estate.
The decedent lived in another state and left Massachusetts property, which usually means a second case. The Massachusetts ancillary probate guide covers that track.

A Filing Sequence That Works

Use this order as a checklist:

Gather the original will, certified death certificates, account statements, deeds, and vehicle titles.
Confirm the county where the decedent lived at death and the Probate and Family Court division that serves it.
Decide the path: voluntary administration, informal probate, formal probate, or supervised administration.
Send the 7-day written notice to heirs, devisees, and anyone with equal or prior right to serve.
Mail the petition and death certificate to MassHealth by certified mail, also 7 days before filing.
File the petition with the Register of Probate, post the bond, and collect your letters.
Publish the notice within 30 days after appointment.
File or mail the inventory within 3 months after appointment.
Pay valid claims in the § 3-805 order and keep receipts for every payment.
Close with a verified statement no earlier than 6 months after appointment, after sending a full written account to the distributees.

Verify every date and dollar figure with the Register of Probate in the correct county before you act. This guide is general information about Massachusetts estates. It is not legal advice. Confirm anything that affects your situation with the Probate and Family Court or a licensed Massachusetts attorney.

Frequently Asked Questions

What is probate in Massachusetts?

Probate in Massachusetts is the Probate and Family Court process that proves a will, appoints a personal representative, pays valid debts, and passes what is left to the heirs or beneficiaries. It runs under the Massachusetts Uniform Probate Code, M.G.L. c. 190B, in the county division where the decedent lived.

What is the difference between informal and formal probate in Massachusetts?

Informal probate is decided on the papers by a magistrate of the Probate and Family Court, with no hearing, when the petition is uncontested and the will can be proved. Formal probate is litigated before a judge on a citation with a return date, and it is used when the will is challenged, the original will is missing, or an heir is a minor or an incapacitated person. Both petitions cost the same $390 to file.

How long does probate take in Massachusetts?

A straightforward informal estate usually runs 8 to 14 months, because a personal representative cannot file a closing statement until 6 months after appointment and most wait out the one-year creditor bar. Formal or supervised administration often runs 12 to 24 months.

How long do creditors have to sue a Massachusetts estate?

One year from the date of death. M.G.L. c. 190B, § 3-803(a) blocks a creditor action against the personal representative unless it starts within that year and process is served in hand or a notice of the action is filed with the register before the year runs. Massachusetts has no publication-triggered claim window, because § 3-801 of the uniform act is reserved here.

Do I need a lawyer for Massachusetts probate?

No. Massachusetts lets a personal representative serve without an attorney, and many people handle an uncontested informal estate themselves. Hire counsel when heirs disagree, the estate cannot pay its debts, real estate has to be sold, or a will contest looks likely.

Sources:

Title: Massachusetts General Laws Chapter 190B, Massachusetts Uniform Probate Code. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B
Title: M.G.L. c. 190B, Section 3-306, Informal probate; notice requirements. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-306
Title: M.G.L. c. 190B, Section 3-706, Duty of personal representative; inventory and appraisement. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-706
Title: M.G.L. c. 190B, Section 3-803, Limitations on presentation of claims. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-803
Title: M.G.L. c. 190B, Section 3-1003, Closing estates; by sworn statement of personal representative. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-1003
Title: M.G.L. c. 190B, Section 3-1201, Collection of personal property by affidavit. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-1201
Title: M.G.L. c. 190B, Section 3-108, Probate, testacy and appointment proceedings; ultimate time limit. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-108
Title: M.G.L. c. 262, Section 40, Registers of probate and family court; enumeration of fees. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleVI/Chapter262/Section40
Title: M.G.L. c. 262, Section 4C, Surcharge on filing fees. Publisher: Massachusetts General Court. Publication Date: Not listed. URL: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleVI/Chapter262/Section4C
Title: Probate and Family Court Filing Fees. Publisher: Massachusetts Trial Court. Publication Date: Not listed. URL: https://www.mass.gov/info-details/probate-and-family-court-filing-fees

It is not legal advice.