Probate in Massachusetts

Understanding how probate in Massachusetts works and how to make the process as smooth as possible

Creative Solutions

Helpful information to guide you through probate — clear, simple, and easy to access.

Probate Process in Massachusetts

Understand the Massachusetts probate process with a simple step-by-step overview. From filing to final settlement, we explain each stage so you know what to expect along the way.

Ask the Probate AI (under contruction)

Got a question about probate? Our AI chatbot is available 24/7 to provide instant, easy-to-understand answers. It’s not legal advice, but it can guide you toward the right

Ask the Probate AI

Got a question about probate? Our AI chatbot is available 24/7 to provide instant, easy-to-understand answers. It’s not legal advice, but it can guide you toward the right next steps.

When you’re ready, just click the blue chat bubble in the bottom right corner to ask the Probate AI your question — it’s available 24/7 to help guide you.

Executor’s checklist

Stay on track with our executor’s checklist, covering the key tasks and forms you’ll face during probate. This practical guide simplifies responsibilities so you can handle them with less stress and uncertainty.

Ask the Probate AI (under contruction)

Got a question about probate? Our AI chatbot is available 24/7 to provide instant, easy-to-understand answers. It’s not legal advice, but it can guide you toward the right

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Selling a Home in Probate

Learn what’s involved in selling a property during probate in Massachusetts. From the License to Sell to executor authority, we explain the essentials so you can make informed decisions.

Executor’s Guidebook

Get a deeper look into probate with our Executor’s Guidebook. Covering duties, timelines, and common challenges, this resource provides clarity and support when you need more than just the basics.

testimonials

Lisa Judkins

Handling the sale of a home under conservatorship can feel complicated, but Jason made it simple. He was patient, knowledgeable, and took care of the details so I didn’t have to worry. I truly appreciated how he combined professionalism with compassion — it made all the difference during a challenging time.

Kim Benjamin - Prokop

"As a court-appointed conservator, I was responsible for selling a family member’s home — a process that felt overwhelming at first. Jason guided me through every step, from preparing the property to navigating probate requirements. He kept me updated, answered all my questions, and handled every detail with professionalism and care. What could have been stressful turned into a smooth, efficient sale that honored my loved one’s wishes. I can’t recommend him highly enough.

Frequently Asked Questions

Do I always need probate in Massachusetts?

Not always. Probate is required if the person owned real estate or significant assets in their name alone. If assets were held jointly or in a trust, probate may not be needed.

How long does probate usually take?

Most estates in Massachusetts take about 9–12 months to settle. Simple cases may be quicker, while complex estates with disputes or tax issues can take longer.

What’s the difference between informal and formal probate?

Informal probate is a quicker process handled by a court magistrate without hearings. Formal probate involves a judge, hearings, and is used when there are disputes or unusual circumstances.

What is a “License to Sell”?

If the deceased owned real estate and their will does not give the executor power to sell, the court may issue a License to Sell. This allows the executor to sell the property as part of the estate.

Who can serve as an executor (Personal Representative)?

The person named in the will has priority. If there is no will, Massachusetts law gives priority to a surviving spouse, then heirs. The court formally appoints the executor.

What happens if there is no will?

The estate is considered intestate. Massachusetts law decides who inherits, usually starting with the spouse and children, then extended family. The court will appoint a Personal Representative.

Can the family sell a house during probate?

Yes, but the process depends on the will and the court’s approval. The executor may need either power of sale in the will or a court-issued License to Sell.

Do I need an attorney for probate?

Not every family is required to hire an attorney in Massachusetts. Simple estates can sometimes be handled by the executor without legal representation, especially if all heirs agree and the paperwork is straightforward. That said, many families find working with a probate attorney helpful — particularly when there are disputes, real estate involved, or complicated assets. Every situation is different, and consulting with an attorney can provide peace of mind that everything is being handled correctly.