Probate

Not every asset has to pass through probate. Property held in a trust, accounts with a named beneficiary (such as life insurance or retirement accounts), and assets owned jointly with the right of survivorship typically pass outside of probate. Massachusetts also offers a simplified “Voluntary Administration” process for small estates valued at $25,000 or less (not counting one vehicle). Whether probate is required, and which type applies, depends on how the deceased person’s assets were titled.

The personal representative (sometimes called an executor) is the person appointed by the court to administer the estate. Their responsibilities include filing the will with the court, notifying heirs and creditors, inventorying assets, paying valid debts and taxes, and ultimately distributing the remaining property according to the will or, if there is no will, according to Massachusetts intestacy law. Serving as a personal representative comes with real legal obligations, and our attorneys help clients carry out that role correctly and efficiently.

Most straightforward Massachusetts probate cases take approximately nine months to a year to complete, largely because creditors have a one-year window from the date of death to file claims against the estate. More complex estates — those with disputes among heirs, significant assets, or unclear titling — can take considerably longer. Working with an experienced probate attorney from the outset helps keep the process moving and avoid unnecessary delays.

When someone dies without a will, they are said to have died “intestate,” and Massachusetts law determines who inherits the estate. Generally, a surviving spouse and children have priority, but the exact shares depend on the family situation. An intestate estate still goes through probate, and the court will appoint a personal representative — usually a close family member — to administer it. Dying without a will often means less control over who receives what, which is one of the reasons a comprehensive estate plan matters.