How does probate work in Massachusetts?
1. Governing Code. Massachusetts Uniform Probate Code (MUPC), M.G.L. Chapter 190B. Massachusetts adopted the UPC effective March 31, 2012.
2. Court. Probate and Family Court in the county of the decedent's domicile (M.G.L. c. 190B, § 1-302).
3. Petition to Open. Petition for Formal Probate or Application for Informal Probate filed by the named personal representative or interested person under M.G.L. c. 190B, §§ 3-301 and 3-401.
4. Letters of Authority. Issued under M.G.L. c. 190B, § 3-103 after appointment, oath, and any required bond.
5. Notice to Creditors. Published in a newspaper of general circulation under M.G.L. c. 190B, § 3-801. Creditor claim deadline is 1 year from the date of death (M.G.L. c. 190B, § 3-803) - one of the longer creditor periods in the country.
6. Inventory. Filed within 3 months of appointment under M.G.L. c. 190B, § 3-706, or made available to interested persons.
7. Informal Administration. Informal Probate under M.G.L. c. 190B, § 3-301 is handled by a Magistrate with minimal court supervision. Unsupervised Administration is the default.
8. Voluntary / Small-Estate Procedure. Voluntary Administration under M.G.L. c. 190B, § 3-1201 for estates with no real estate and personal property not exceeding $25,000 plus one motor vehicle, available 30 days after death.
9. Closing. Sworn Statement of Personal Representative Closing Estate (MPC 854) under M.G.L. c. 190B, § 3-1003 for unsupervised estates, or Petition for Order of Complete Settlement under § 3-1001 for supervised estates.
10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety for married couples, POD/TOD accounts, beneficiary designations. Massachusetts does not authorize TOD deeds for real estate.
This is legal information, not legal advice.
- Will contest, supervised administration, or guardianship/conservatorship is involved
- Massachusetts estate tax return (M-706) is required for estates over $2 million
- Real estate must be sold and license to sell is required under M.G.L. c. 202
- M.G.L. c. 190B, § 3-301
- M.G.L. c. 190B, § 3-1201
- M.G.L. c. 190B, § 3-803
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.