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 Top 10 Massachusetts Probate Questions Answered: Your Guide to Understanding the Process


  1. What exactly is probate, and why does it sound like a medical procedure I didn't consent to?
    Probate is the legal process through which a deceased person's will is validated, their assets are distributed, and their debts are paid. Think of it as the estate's final accounting—except unlike your taxes, you won't be around to worry about it!

    ​Example: When John's aunt passed away leaving a house, bank accounts, and a vintage car collection, all these assets had to go through probate before his cousins could inherit them according to her will.

  2. How long does MA probate typically take? Should I pack lunch for a decade?
    While I'd love to promise it's quick, Massachusetts probate typically takes 9-18 months to complete. I know, I know—some relationships don't even last that long. The complexity of the estate, potential disputes, and my personal favorite—paperwork processing times—all affect duration.

    Example: Sarah's father's estate was relatively straightforward with no contests, yet it still took 11 months from filing the initial petition to distributing the assets—enough time for her to binge-watch every legal drama ever made.

  3. Do all assets have to go through probate in Massachusetts? Or can some escape this bureaucratic adventure?
    Not all assets need to go through probate! Assets with named beneficiaries (life insurance, retirement accounts), jointly owned property, and assets in revocable living trusts bypass probate. It's like having a VIP pass to skip the line at an amusement park, except the ride is just paperwork.

    Example: Michael's mother had a life insurance policy naming him as beneficiary, joint bank accounts with rights of survivorship with his father, and a house in a living trust—none of which needed to go through probate, much to his relief.

  4. What's the difference between formal and informal probate in Massachusetts? Is one just wearing a tuxedo?
    Informal probate is a simplified, administrative process suitable for uncontested estates with limited oversight. Formal probate involves court hearings and judicial supervision. And no, neither requires formal wear, though I always recommend dressing nicely for court appearances—unlike me, who's still trying to figure out how to tie a tie properly.

    Example: Lisa chose informal probate for her grandfather's estate since all heirs agreed on the will's validity, while her neighbor Robert had to use formal probate when his stepchildren contested their father's will.

  5. How much does probate cost in Massachusetts? Should I start selling organs now?
    Probate costs typically include court filing fees ($400+), attorney fees (often hourly or a percentage of the estate), and personal representative fees. No organ sales necessary, but it can run from 3-5% of the estate's value. My legal expertise is far more affordable than my sense of humor!

    Example: David's mother's $500,000 estate incurred about $20,000 in total probate costs—approximately 4% of the estate value—including $15,000 in attorney fees, $3,000 in personal representative compensation, and $2,000 in court costs and publication fees.

  6. Can I handle probate without an attorney in Massachusetts? Or is that like performing my own dental work?
    Yes, you can handle probate without an attorney, particularly for simple estates using informal probate. The Massachusetts courts provide forms and instructions online. That said, it's about as advisable as cutting your own hair—possible, but the results might make you cry.

    Example: Jennifer successfully navigated informal probate for her sister's small, uncontested estate using court-provided forms and guidance, saving about $5,000 in attorney fees—though she admits she spent countless nights researching and triple-checking every form.

  7. What happens if someone dies without a will in Massachusetts? Does the state throw a party with their assets?
    When someone dies without a will (intestate), Massachusetts law determines who inherits based on family relationships. The estate goes to spouses, children, parents, or other relatives following a specific order. The state only gets the assets if no heirs can be found—and trust me, they don't throw nearly as good a party as your relatives would.

    Example: When Marcus died without a will, his wife received the first $100,000 plus half of the remaining estate, while their two children equally split the other half—a division Marcus might not have chosen himself had he written a will.

  8. How do I contest a will in Massachusetts? Is it like objecting at a wedding ceremony?
    To contest a will, you must have legal standing (typically as an heir or beneficiary) and valid grounds such as undue influence, fraud, or improper execution. File your objection during the probate process. And unlike wedding objections, shouting dramatically from the back of the courtroom is strongly discouraged, as I learned the hard way.

    Example: Ellen successfully contested her father's will by proving her stepmother had isolated him from family and pressured him to change his will while he was heavily medicated—a classic case of undue influence that resulted in the court invalidating the newer will.

  9. Can creditors claim money from the estate during probate? Or can I just hide under my desk until they go away?
    Yes, creditors have one year from the date of death to file claims against the estate. The personal representative must notify creditors and pay valid debts before distributing assets to beneficiaries. Hiding under desks isn't legally recognized as a debt-avoidance strategy—believe me, I've tried.

    Example: After Alex's father died, three credit card companies, a mortgage lender, and a hospital filed claims totaling $95,000 against the estate. As personal representative, Alex had to publish a legal notice to creditors and pay these legitimate debts before any heirs received their inheritance.

  10. What's a personal representative, and what do they do? Is it like being the estate's personal assistant?
    A personal representative (formerly called executor) manages the deceased's estate through probate. Duties include identifying assets, paying debts and taxes, and distributing property according to the will or state law. It's less like a personal assistant and more like being the estate's accountant, diplomat, and referee all rolled into one—except you don't get a cool uniform or whistle.

    Example: As personal representative for her brother's estate, Melissa inventoried his assets, sold his car to pay outstanding debts, filed his final tax return, mediated a dispute between his children over his baseball card collection, and distributed the remaining assets according to his will—all while maintaining a full-time job and raising her own family.
Copyright © 2025 by Joel Bernstein. All rights reserved. Disclaimer
The material is provided for educational and informational purposes only and should not be construed as legal advice. This Alert may constitute attorney advertising and is not intended to communicate with anyone in a jurisdiction where such an Alert fails to comply with all laws and ethical rules of the jurisdiction.

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