Massachusetts Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Probate and Family Court address and local filing details, see that county’s page.

Where Probate Happens

Massachusetts probate is handled by the Probate and Family Court, which has 14 county divisions. Massachusetts overhauled its probate system in 2012 with the Massachusetts Uniform Probate Code (MUPC, M.G.L. c. 190B), introducing informal probate, formal probate, and voluntary administration as three distinct tracks with different levels of court involvement.

Step 1: Does The Estate Qualify For Voluntary Administration?

Voluntary Administration of Small Estates (M.G.L. c. 190B, § 3-1201 – Form MPC 170, “Voluntary Administration Statement”)

The decedent must have been a Massachusetts resident.
The estate must consist entirely of personal property valued at $25,000 or less, excluding the value of one motor vehicle – no individually-owned real estate can be part of the estate.
At least 30 days must have passed since the death.
The petitioner must be an “interested person” (spouse, child, joint property owner, creditor, etc.) but doesn’t need to be a Massachusetts resident.
No formal or informal petition for probate or appointment of a personal representative can already be pending.
Whether the decedent died with or without a will doesn’t affect eligibility under the MUPC.
Assets that already pass by named beneficiary designation or survivorship don’t count toward the $25,000 cap.
No formal inventory, notice period, or judicial hearing is required – this typically closes in about 2-6 weeks.
When settled, the voluntary personal representative files a closing statement (Form MPC 851).
Note: a surviving spouse can transfer a vehicle without going through voluntary administration at all, under G.L. c. 90D, § 15A.

STEP 2: INFORMAL VS. FORMAL PROBATE (for estates that don’t qualify for voluntary administration)

Informal Probate – processed administratively by a court magistrate rather than a judge; if the petition is in order, the magistrate issues a written statement of informal probate and appoints the personal representative, usually without a hearing. This is the standard path for ordinary uncontested estates too large for voluntary administration.
Formal Probate – requires a judge and a court hearing; used for contested matters or more complex situations.

Caution On Misusing The Small-Estate Track

Voluntary administration doesn’t fit an estate that owns real estate, exceeds the $25,000 threshold, or has meaningful creditor or tax questions – attempting to force a larger or more complicated estate into this track typically just delays the point at which full probate becomes necessary anyway.

Timeline

Voluntary administration: roughly 2-6 weeks. Informal probate moves faster than formal probate since it skips the judicial hearing requirement; formal probate timelines vary with complexity and any disputes.

Property Ownership Note

Massachusetts is not a community property state – it follows the common-law (separate property) system, where each spouse owns their individual property separately.

Taxes – Massachusetts’S Own Estate Tax

Massachusetts has no state inheritance tax, but it does levy its own state estate tax (M.G.L. c. 65C), separate and independent from the federal estate tax. Following a 2023 reform effective January 1, 2023, the exemption rose to $2,000,000 (up from the prior $1,000,000 threshold) – and unlike the old system, Massachusetts now provides a true exemption, meaning only the amount above $2 million is taxed, not the whole estate. This remains one of the lower state estate tax thresholds in the country, well below the 2026 federal exemption of $15 million per individual.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate and Family Court address, phone number, and local filing details, visit that county’s page.