The Massachusetts Probate Process, Explained
If you’ve just been named to handle a loved one’s estate, “probate” can sound intimidating. It’s really just the legal process of settling someone’s affairs after they pass — proving the will, appointing someone to act, paying debts, and distributing what’s left. Here’s how it works in Massachusetts, step by step, in plain English.
What is probate, really?
Probate is the court-supervised process of transferring a deceased person’s assets to the people entitled to them. In Massachusetts it runs through the Probate and Family Court in the county where the person lived. The court confirms who has authority to act for the estate (the personal representative), makes sure debts and taxes are paid, and oversees distribution to heirs or the people named in a will.
The three main tracks in Massachusetts
Massachusetts law (the Uniform Probate Code) offers a few paths depending on the estate:
- Informal probate — the most common. Handled by a magistrate without formal hearings when things are straightforward and uncontested. Faster and lighter on paperwork.
- Formal probate — used when there are complications: a contested will, unknown heirs, or a need for the court to decide something. Involves a judge.
- Voluntary administration — a simplified process for very small estates (no real estate, limited personal property).
(Which track fits your estate is a legal question — confirm with your attorney.)
Who’s in charge? The personal representative
The person who manages the estate is the personal representative — what most people still call the “executor.” If there’s a will, it usually names this person. If there’s no will, Massachusetts law sets an order of priority (typically the surviving spouse, then adult children, and so on). Once appointed, the court issues Letters of Authority proving they can act — including dealing with bank accounts and real estate.
The role carries real responsibility: inventory the assets, notify creditors, pay valid debts and taxes, and distribute what remains. Our Executor’s Checklist walks through it in order.
What happens to the house?
Real estate is usually the biggest asset — and the one people worry about most. The home stays titled in the deceased person’s name until the estate transfers it. Whether the personal representative can sell it, and whether the court must approve the sale first (a License to Sell), depends on the will and the circumstances. In many estates you can begin preparing and even marketing the property while probate is still open. Our full guide on selling a house in probate in Massachusetts covers this in detail.
How long does it take?
Massachusetts keeps an estate open for a creditor period, so even a simple estate generally takes several months, and many run close to a year. Contested wills, missing heirs, or a required License to Sell add time. We break it down month by month in our probate timeline guide.
Do you need a lawyer?
You’re not legally required to hire an attorney for probate in Massachusetts, but most people do — the filings, deadlines, and title work are genuinely easier with one, especially when real estate is involved. We’re the real estate side of the equation; we work alongside your attorney, not in place of them.
Frequently asked questions
How do I start probate in Massachusetts?
You file a petition with the Probate and Family Court in the county where the person lived, along with the will (if any) and death certificate. Most people work with an attorney to prepare it. This isn’t legal advice — confirm the steps with your lawyer.
What’s the difference between formal and informal probate?
Informal is faster and handled by a magistrate for straightforward, uncontested estates. Formal involves a judge and is used when there are complications or disputes.
Can the house be sold during probate?
Often yes — you can usually prepare and market it while probate is open, though the sale generally can’t close until the personal representative has authority (and sometimes a License to Sell). More here.
Important: Next Step Probate provides general educational information about the Massachusetts probate process and helps families sell estate real estate. We are not attorneys, accountants, or financial advisors, and nothing here is legal, tax, or financial advice. Contacting us does not create an attorney-client relationship. Always consult a licensed Massachusetts probate attorney and a qualified tax professional before acting.