Massachusetts Probate Types: Informal vs Formal Probate
Massachusetts runs probate through the Probate and Family Court under the Massachusetts Uniform Probate Code. The first question is whether the estate can use voluntary administration, and if not, whether the appointment can be handled informally by a magistrate or has to go before a judge.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Massachusetts Probate Types
Massachusetts probate is heard by the Probate and Family Court Department of the Trial Court. Each of the 14 counties has its own division and its own elected Register of Probate, and the divisions are served by 19 courthouses because some divisions run an additional session at a second courthouse (Bristol sits in Taunton and also in Fall River and New Bedford; Essex sits in Salem and also in Lawrence). Filing fees are set statewide by M.G.L. c. 262, § 40, so the path you choose changes the cost far more than the county does.
Voluntary administration under M.G.L. c. 190B, § 3-1201 is the cheap route and the narrowest: the estate must be entirely personal property, one motor vehicle the decedent owned plus other personal property not exceeding $25,000, filed 30 days or more after death when no appointment petition has been filed. Everything else needs a personal representative. Informal probate under §§ 3-301 to 3-311 is allowed by a magistrate without a hearing and is the ordinary route for an uncontested estate. Formal probate under §§ 3-401 to 3-414 goes before a judge on notice by citation when the will is contested, the original will is missing, an heir is a minor or incapacitated, or an interested person demands it. Supervised administration under §§ 3-501 to 3-505 keeps the personal representative under continuing court authority, and no distribution may be made without a court order.
The Massachusetts trap worth knowing before you file: informal and formal probate carry the identical $375 base fee under § 40, plus the same $15 surcharge under § 4C, so $390 either way. Choosing informal probate buys speed and less process, never a lower fee.
Informal vs Formal Probate at a Glance
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| Category | Informal | Formal Probate | Winner |
|---|---|---|---|
| Who decides | A magistrate of the Probate and Family Court allows the petition without a hearing | A judge hears the petition on notice by citation with a return date | Informal |
| Filing fee | $390: the $375 base fee under § 40 plus the $15 § 4C surcharge | $390: the identical $375 base fee plus the same surcharge | Tie |
| Notice | 7 days written notice to heirs, devisees, anyone with an equal or prior right to appointment, and MassHealth, then publication within 30 days after appointment | A citation with a return date, served and published as the court orders | Informal |
| Typical timeline | Commonly 6 to 12 months | Commonly 9 to 18 months, and longer if contested | Informal |
| Contested matters | Unavailable when the will is contested, the original is missing, or an heir is a minor or incapacitated | Built for those matters, and the only route when an interested person demands a formal proceeding | Formal Probate |
| Closing | Closes by verified closing statement, no earlier than 6 months after the original appointment | May close by closing statement, or by a court order of complete settlement under § 3-1001 | Informal |
Main Massachusetts Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Voluntary Administration M.G.L. c. 190B, §§ 3-1201, 3-1202 | The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value. Real property makes the estate ineligible. | $115 ($100 under § 40 plus the $15 § 4C surcharge) | About 1 to 2 months, after the 30-day wait | No | No | Small personal-property estates with no real estate, where nobody has petitioned for an appointment |
Informal Probate and Appointment M.G.L. c. 190B, §§ 3-301 to 3-311 | No dollar threshold. Available when the petition is uncontested, the will (if any) is provable, and no formal proceeding is required under § 3-304 or § 3-311. | $390 ($375 under § 40 plus the $15 § 4C surcharge) | Commonly 6 to 12 months; the estate cannot close by sworn statement earlier than 6 months after the original appointment | Yes | No statewide requirement; counsel is common | The ordinary uncontested estate, testate or intestate, that needs a personal representative with letters |
Formal Probate and Appointment M.G.L. c. 190B, §§ 3-401 to 3-414 | No dollar threshold. Used when the will is contested, an interested person demands it, the original will is missing, an heir is a minor or incapacitated, or informal probate is unavailable. | $390 ($375 under § 40 plus the $15 § 4C surcharge), the same base fee as informal probate | Commonly 9 to 18 months, longer if the matter is contested | Yes | No statewide requirement; counsel is strongly advisable in a contested matter | Contested wills, missing originals, minor or incapacitated heirs, and any estate that needs a judge to decide who takes |
Supervised Administration M.G.L. c. 190B, §§ 3-501 to 3-505 | No dollar threshold. Ordered by the court on petition. | $390 for the petition for supervised administration ($375 under § 40 plus the $15 § 4C surcharge) | Commonly 12 to 24 months | Yes | No statewide requirement; counsel is usual | Estates where beneficiaries want court oversight of every distribution, or where the will directs supervision |
Summary Administration Procedure M.G.L. c. 190B, §§ 3-1203, 3-1204 | A formula, not a dollar cap: the value of the entire estate, less liens and encumbrances, does not exceed the family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness. | The $390 petition that opens the estate, plus $75 for the closing statement under § 40 | Commonly 2 to 4 months after appointment | Yes | No statewide requirement | Estates consumed by allowances, funeral, last-illness, and administration expenses, where there is nothing left for general creditors |
Voluntary Administration
M.G.L. c. 190B, §§ 3-1201, 3-1202
Small personal-property estates with no real estate, where nobody has petitioned for an appointment
Threshold: The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property not exceeding $25,000 in value. Real property makes the estate ineligible.
Filing Fee: $115 ($100 under § 40 plus the $15 § 4C surcharge)
Timeline: About 1 to 2 months, after the 30-day wait
Real Estate: No
Attorney: No
Informal Probate and Appointment
M.G.L. c. 190B, §§ 3-301 to 3-311
The ordinary uncontested estate, testate or intestate, that needs a personal representative with letters
Threshold: No dollar threshold. Available when the petition is uncontested, the will (if any) is provable, and no formal proceeding is required under § 3-304 or § 3-311.
Filing Fee: $390 ($375 under § 40 plus the $15 § 4C surcharge)
Timeline: Commonly 6 to 12 months; the estate cannot close by sworn statement earlier than 6 months after the original appointment
Real Estate: Yes
Attorney: No statewide requirement; counsel is common
Formal Probate and Appointment
M.G.L. c. 190B, §§ 3-401 to 3-414
Contested wills, missing originals, minor or incapacitated heirs, and any estate that needs a judge to decide who takes
Threshold: No dollar threshold. Used when the will is contested, an interested person demands it, the original will is missing, an heir is a minor or incapacitated, or informal probate is unavailable.
Filing Fee: $390 ($375 under § 40 plus the $15 § 4C surcharge), the same base fee as informal probate
Timeline: Commonly 9 to 18 months, longer if the matter is contested
Real Estate: Yes
Attorney: No statewide requirement; counsel is strongly advisable in a contested matter
Supervised Administration
M.G.L. c. 190B, §§ 3-501 to 3-505
Estates where beneficiaries want court oversight of every distribution, or where the will directs supervision
Threshold: No dollar threshold. Ordered by the court on petition.
Filing Fee: $390 for the petition for supervised administration ($375 under § 40 plus the $15 § 4C surcharge)
Timeline: Commonly 12 to 24 months
Real Estate: Yes
Attorney: No statewide requirement; counsel is usual
Summary Administration Procedure
M.G.L. c. 190B, §§ 3-1203, 3-1204
Estates consumed by allowances, funeral, last-illness, and administration expenses, where there is nothing left for general creditors
Threshold: A formula, not a dollar cap: the value of the entire estate, less liens and encumbrances, does not exceed the family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness.
Filing Fee: The $390 petition that opens the estate, plus $75 for the closing statement under § 40
Timeline: Commonly 2 to 4 months after appointment
Real Estate: Yes
Attorney: No statewide requirement
* Massachusetts filing fees are statutory and statewide under M.G.L. c. 262, § 40, and they are flat by pleading type rather than scaled to the value of the estate. A petition for formal probate of a will, adjudication of intestacy, and appointment of a personal representative is $375, and so is a petition for informal probate and appointment, plus the $15 surcharge under § 4C on any filing that opens a new docket number, for $390 either way. A statement of voluntary administration is $100 plus the surcharge, or $115. Two later filings are graduated by value: the fee to file an account and the fee for a license to sell real or personal estate. There is no county variation to model.
Unfamiliar terms in the comparison? The Massachusetts probate glossary defines them in plain language.
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