How to start probate in massachusetts is one of the first questions families ask after a death, often while they are still numb from the loss. The good news is that Massachusetts has a clear, step-by-step system. It is called the Massachusetts Uniform Probate Code, or MUPC, found at Massachusetts General Laws Chapter 190B. Probate simply means the court process of proving a will, naming someone to handle the estate, paying debts, and passing what is left to the right people.
Massachusetts offers three different doors into that process. One is very simple and cheap. One is handled by a court clerk without a hearing. One requires a judge. Knowing which door fits your situation saves months of stress and hundreds of dollars.
First, figure out whether you need probate at all
Not every asset goes through probate. In most cases, property with a named beneficiary or a survivor already attached passes outside the court entirely. Life insurance, IRAs, 401(k)s, payable-on-death bank accounts, and property owned jointly with right of survivorship all skip probate. Assets held in a living trust also skip it.
What is left is called the probate estate. Typically, that means accounts in the deceased person’s name alone, real estate titled only in their name, and personal belongings. If nothing is left in their name alone, you may not need to open a case at all.
There is a deadline. Under G.L. c. 190B, § 3-108, no probate or appointment proceeding may generally be started more than 3 years after the date of death. After that, a “late and limited” filing is sometimes allowed, but the person appointed can only confirm title in the heirs. As a result, waiting is costly.
How to start probate in massachusetts: the three filing paths
Massachusetts sorts estates into three tracks. Which one applies depends on the size of the estate and whether anyone disagrees.
| Path | When it fits | Wait after death | Court fee |
|---|---|---|---|
| Voluntary Administration (MPC 170) | No real estate, and personal property of $25,000 or less, not counting one motor vehicle | 30 days | $115 ($100 filing + $15 docket surcharge) |
| Informal Probate (MPC 150 petition) | Original will available, heirs agree, no minor or incapacitated heir needing representation | 7 days | $390 ($375 filing + $15 surcharge) |
| Formal Probate | Will is missing, damaged, or contested; heirs unknown; a judge’s order is needed | 7 days | $375 plus surcharge and publication costs |
Voluntary administration is the fastest lane. However, it is off the table if the person owned any real estate. Informal probate is the most common route and is decided by a MUPC Magistrate, not a judge, so there is usually no hearing. Formal probate goes before a judge and involves a citation published in a newspaper.
One notice rule catches people off guard. Under G.L. c. 190B, § 3-306, you must give written notice to all heirs and devisees at least 7 days before you file the informal petition. Filing too early means starting over.
The paperwork and the steps to take next
Start by gathering documents. You will need a certified death certificate, the original will if one exists, and a list of heirs with their addresses. For informal probate you generally file the Petition for Informal Probate of Will and/or Appointment of Personal Representative, a Surviving Spouse, Children, Heirs at Law form (MPC 162), and the Notice of Informal Probate (MPC 550).
Massachusetts calls the person in charge a “personal representative,” which is the modern word for executor or administrator. Once appointed, you receive Letters of Authority. Banks want to see those. Additional copies cost $25 each, so order two or three up front.
After appointment, three clocks start running. You generally must prepare an inventory of estate assets within 3 months (G.L. c. 190B, § 3-706). Creditors generally have 1 year from the date of death to bring most claims (§ 3-803). And if the gross estate plus adjusted taxable gifts tops $2,000,000, a Massachusetts estate tax return (Form M-706) is due 9 months after death, with tax owed only on the amount above $2 million.
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Knowing how to start probate in massachusetts is mostly about picking the right form and filing it in the right county court. You may be able to eFile through the Massachusetts court system, mail the packet, or bring it in person. If the estate is large, contested, or holds a business, check with your state’s court or a licensed attorney before filing.
Frequently Asked Questions
How long does probate take in Massachusetts?
Voluntary administration often wraps up in about 2 to 6 weeks. Informal probate typically runs several months to a year, largely because of the 1-year creditor window. Formal probate can take longer when a judge must resolve a dispute.
What happens if there is no will?
The estate is “intestate,” and Massachusetts law decides who inherits. Under G.L. c. 190B, § 2-102, a surviving spouse takes everything if all the children are also the spouse’s children and the spouse has no other children. However, if either spouse has children from another relationship, the spouse generally takes the first $100,000 plus half the balance. If there are no children but a parent survives, the spouse takes the first $200,000 plus three-quarters.
Do I need a lawyer to start probate?
No. Many families handle voluntary administration and simple informal probate on their own using the free Mass.gov forms and instructions. For example, a small bank-account-only estate rarely needs counsel. That said, real estate, a will contest, or an estate near the $2 million tax line is worth a professional review.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified August 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.