How Probate Works in Massachusetts

Does Massachusetts require probate?

Not always. Massachusetts provides several options depending on the size and complexity of the estate.

Estates with personal property under $25,000 (excluding one motor vehicle of any value) can use voluntary administration, which skips full probate. Larger, uncontested estates can use informal probate, which involves minimal court oversight. Full formal probate is reserved for contested estates or situations that require judicial involvement.

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What court handles probate in Massachusetts?

Probate in Massachusetts is handled by the Probate and Family Court in the county where the deceased person lived. Massachusetts adopted the Massachusetts Uniform Probate Code (MUPC) in 2012, which modernized the probate process and introduced options like informal probate.

There is no specific statutory deadline to file for probate in Massachusetts, but it should be filed promptly. Informal probate can be initiated as early as seven days after the death.

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Small estate threshold

Massachusetts offers voluntary administration for smaller estates (MGL c. 190B, § 3-1201):

• The estate must consist entirely of personal property (no real estate).
• The total value of personal property must be $25,000 or less, excluding one motor vehicle of any value.
• At least 30 days must have passed since the death.
• No other probate proceeding is pending.
• The petitioner must be an interested party (surviving spouse, heir, or beneficiary) and at least 18 years old.

To use voluntary administration:

1. File a Statement of Voluntary Administration with the Probate and Family Court. The filing fee is $115.
2. The court issues a certificate authorizing the petitioner to collect and distribute the estate's assets.
3. Present the certificate to banks and other institutions to claim assets.

If the estate includes real property or exceeds the $25,000 threshold, full probate is required.

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Informal vs. formal probate

Informal probate

Available for uncontested estates where all heirs and beneficiaries are known, are adults, and have no objections. A MUPC Magistrate (not a judge) reviews the application and appoints the personal representative without a court hearing.

Requirements:

• An original will (if one exists) and a certified death certificate.
• All heirs and beneficiaries must be identified and located.
• No disputes about the will or who should serve as personal representative.
• The will must not prohibit informal proceedings.

The personal representative must notify all interested parties within 90 days and publish a notice to creditors within 30 days. Creditors have one year from the date of death to file claims.

Formal probate

Required when there are disputes, missing heirs, minor beneficiaries without independent guardians, or other complications. A judge presides over the proceedings, and hearings may be scheduled.

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What if there is no will?

When someone dies without a will in Massachusetts, the estate follows the state's intestate succession laws (MGL c. 190B, Article II):

• Spouse and children (all shared). The surviving spouse inherits the entire estate.
• Spouse and children from a prior relationship. The surviving spouse receives the first $100,000 plus half of the remaining estate. The children divide the rest.
• Spouse, no children, but parents. The surviving spouse inherits the first $200,000 plus three-quarters of the remaining estate. The parents inherit the rest.
• Spouse, no children or parents. The surviving spouse inherits everything.
• Children, no spouse. The children inherit everything equally.
• Parents (no spouse or children). The parents inherit everything.

For a broader overview, see our guide on handling an estate without a will.

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What makes Massachusetts different?

Low state estate tax threshold

Massachusetts imposes a state estate tax on estates exceeding $2 million. This is one of the lowest thresholds in the country and is a "cliff" tax, meaning the entire estate is taxed once it exceeds the threshold, not just the amount above $2 million.

This catches many families off guard, especially in a state with high real estate values. A home worth $1.5 million combined with retirement accounts and life insurance can push a modest estate over the threshold.

The motor vehicle exclusion

Massachusetts is one of the few states that explicitly excludes one motor vehicle from the small estate threshold calculation. An estate with $20,000 in bank accounts and a $45,000 car still qualifies for voluntary administration, because the car does not count.

Town clerk option

Death certificates and some vital records can be obtained from your local town clerk's office, often at lower cost and with faster processing than the state Registry of Vital Records. Some town clerks charge as little as $10 per copy, compared to $20 or more at the state level.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Massachusetts.

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