Probate in Massachusetts

Overview

Massachusetts adopted the Massachusetts Uniform Probate Code (MUPC), effective March 31, 2012, modernizing its probate system significantly. The Probate and Family Court handles estate matters across all 14 counties. Massachusetts offers informal probate (most common), formal probate, and supervised administration. The state's voluntary administration procedure allows small estates of personal property under $25,000 to be settled without formal probate. Massachusetts does impose a state estate tax on estates exceeding $2 million.

Key Facts

• Governing Law: Massachusetts General Laws, Chapter 190B (Massachusetts Uniform Probate Code)
• Court: Probate and Family Court
• Small Estate Threshold: $25,000 (voluntary administration, personal property only)
• Typical Timeline: 6 to 18 months for standard estates; complex estates can take 1–2 years
• Follows UPC: Yes

What Makes Massachusetts Unique

• MUPC Reforms (2012) — Massachusetts adopted the Uniform Probate Code effective March 31, 2012, modernizing its probate system with informal procedures, standardized forms, and streamlined processes. This was one of the most significant probate reforms in the state's history.
• Voluntary Administration — Estates consisting entirely of personal property valued at $25,000 or less (excluding one motor vehicle) can use Form MPC 170 for voluntary administration, available 30 days after death. This avoids formal probate entirely.
• State Estate Tax ($2M Threshold) — Massachusetts imposes a state estate tax on estates exceeding $2 million, which is significantly lower than the federal exemption. This affects a larger number of estates than in most states and requires careful tax planning.
• Probate and Family Court — Massachusetts combines probate and family law matters in a single specialized court, providing judges with expertise in both areas and streamlining cases that involve overlapping issues.
• Informal Probate as Default — Under the MUPC, informal probate is the standard procedure for uncontested estates, allowing appointment by the register without a court hearing, significantly reducing time and costs.

Probate Process Steps

1. File petition for informal or formal probate with the Probate and Family Court in the county where the decedent resided
2. Court appoints personal representative and issues letters (informal: by register; formal: after hearing)
3. Notify known creditors and beneficiaries of the estate opening
4. Publish notice of appointment in a newspaper of general circulation for specified period
5. Inventory and appraise all estate assets within 3 months of appointment
6. Allow creditor claims period (1 year from date of death for claims against estate)
7. Pay valid debts, taxes, and administration expenses
8. File Massachusetts estate tax return if estate exceeds $2 million
9. Prepare and distribute assets according to the will or intestacy law
10. File closing statement or petition for final settlement with the court

Costs & Fees

Fee Structure: Massachusetts does not have a statutory percentage-based fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation. The Probate and Family Court charges filing fees set by statute. Personal representatives are entitled to reasonable compensation, which is typically approved by the court based on estate complexity and time spent.

Typical Attorney Fees: Hourly rates typically $250–$450/hour; flat fees of $3,000–$8,000 for simple estates

Non-Lawyer Fees: $400 – $2,000 including court filing fees ($150–$375), publication costs ($100–$300), certified copies, and recording fees

Massachusetts' state estate tax ($2M threshold) can add significant cost for larger estates. Bond may be required unless waived in the will. The MUPC's informal probate process helps keep legal costs lower for straightforward estates.

Frequently Asked Questions