Massachusetts Probate: How to Probate a Will in Massachusetts

A Guide for Executors and Administrators

Massachusetts probate laws and court procedures vary based on the complexity of the estate, whether a will exists, and whether informal or formal probate is required. Executors, personal representatives, and heirs need to understand how the process works, especially regarding Massachusetts estate taxes, intestate succession, and the small estate affidavit process.

Settling an estate in Massachusetts requires familiarity with the Massachusetts probate process, duties of a personal representative, and court procedures. This guide provides an overview of the Massachusetts probate process, including Massachusetts probate laws, Massachusetts intestate succession laws, small estate process and filing requirements in the probate court Massachusetts.

Executorium also maintains a County-Specific Resource Hub where you can find links, information, resources and contact information for county-specific agencies and departments relevant to probate, will and estate administration.

Access the County-specific resource hubs by using the table linked at the end of this guide.

How an Executor or Administrator Is Appointed in Massachusetts

Probate begins when the will is filed or a petition for administration is submitted to the Massachusetts Probate and Family Court. If no will exists, an administrator is appointed under Massachusetts intestate succession laws.

Duties of an Executor Under Massachusetts Probate Laws

Executors must follow the Massachusetts Uniform Probate Code and fulfill duties such as:

• Filing the will and probate petition
• Obtaining Letters of Authority
• Notifying heirs, devisees, and creditors
• Collecting and managing estate assets
• Paying debts, taxes, and expenses
• Distributing assets and closing the estate

Massachusetts Probate Process and Timeline

The Massachusetts probate process generally includes:

1. Filing the petition and will
2. Appointment of personal representative
3. Notice to interested persons and creditors
4. Filing of inventory and accounts
5. Final settlement and distribution

Most estates are completed within 12 months. For county-specific instructions, visit the County-Specific Resource Hub.

Overview of Massachusetts Estate Laws and Probate Code

Massachusetts estate laws are governed by the Massachusetts Uniform Probate Code (MUPC), which covers wills, intestacy, and estate administration.

Wills and Probate Court Massachusetts: Jurisdiction and Filing

The probate court Massachusetts system operates through the Probate and Family Court in each county. Forms and procedures vary slightly by jurisdiction. Use the County-Specific Resource Hub for court-specific details.

Estate Taxes in Massachusetts and Inheritance Tax Massachusetts

Massachusetts imposes a state estate tax on estates exceeding $2 million (as of 2023). There is no Massachusetts inheritance tax. Estates may also be subject to federal estate tax if they exceed federal limits.

Massachusetts Small Estate Affidavit and Voluntary Administration

The Massachusetts voluntary administration procedure is available if:

• The estate value is $25,000 or less (excluding one car)
• No real estate is involved
• At least 30 days have passed since death

This process allows a simplified alternative to formal probate.

Intestate Succession Massachusetts and Heirship

If there is no will, Massachusetts intestate succession laws govern who inherits. Spouses, children, parents, and other relatives are prioritized according to the MUPC, Chapter 190B, Article II.

Trust Administration and Massachusetts Trust Laws

Massachusetts trust laws follow the Massachusetts Uniform Trust Code. Revocable living trusts can avoid probate and allow private transfer of assets through a successor trustee.

Documents Needed for Massachusetts Probate Records

• Certified death certificate
• Original will and trust (if applicable)
• Probate petition
• Inventory and appraisals
• Tax forms
• Final accounting and closing statement

Filing Massachusetts Probate Records Online and In Court

Massachusetts probate records are filed through the Probate and Family Court. Electronic filing may be available depending on the county. Visit the County-Specific Resource Hub for court forms and instructions.

Property Distribution and Massachusetts Probate Attorney Help

Executors must follow the will or intestate succession law. A qualified Massachusetts probate attorney can assist with legal filings, tax matters, and family settlement agreements.

It is often required that the executor create a Lists of Heirs and an Inventory of Assets, this can help with the asset distribution process. A video walkthrough is also a valuable tool for the executor in managing the estate property and distribution process.

Executorium maintains a free directory of estate service providers in your state including probate attorneys. Visit the free to access Estate Services Directory for probate and estate service provider listings in your area.

Resolving Disputes: Wills and Probate in Massachusetts

Will contests, heirship disputes, and creditor claims are handled by the probate court Massachusetts. Mediation or formal litigation may be required depending on the issue.

Summary & Linked Resources

• Massachusetts Uniform Probate Code
• Massachusetts Probate and Family Court
• Executorium County-Specific Resource Hub

Massachusetts Wills and Probate County Resource Hubs

<<Coming Soon>>

Disclaimer

The information on this page is general in nature and was accurate at the time of publishing. While we strive to keep this content up to date, we make no guarantees regarding its current accuracy or applicability to specific estate situations.
Executors should seek legal guidance from a Massachusetts probate attorney or estate professional for expert assistance. Visit our Estate Services Directory for free access to listings for Massachusetts probate and estate services.