Do I need probate in Massachusetts?

Because the property was in the deceased person’s name (or held as their share as a co-owner), it can’t be sold or transferred until the estate goes through probate and the court appoints a personal representative (executor). In Massachusetts that’s usually an informal probate when there’s a valid will and no disputes, or formal probate otherwise.

The good news: once the personal representative is appointed, the home can be sold — and that’s exactly the part we help families with.

Real estate owned jointly with right of survivorship (or as tenancy by the entirety between spouses) passes directly to the surviving owner, outside of probate. One important caution: if the deed actually says “tenants in common,” that share does go through probate — so check the exact wording.

And if the person owned other assets in their name alone, those may still need probate even though the house doesn’t.

Property held in a living (revocable) trust is handled by the trustee according to the trust — no probate required. If everything the person owned was titled in the trust, probate may not be needed at all.

Two things to confirm: that the deed was actually transferred into the trust (it’s a common miss), and that no significant assets were left outside it. A trustee or estate attorney can verify quickly.

How the property is titled controls everything. Pull the deed — your county Registry of Deeds has it, usually searchable online for free — and look at the ownership wording:

• “Joint tenants with rights of survivorship” or “tenancy by the entirety” → usually no probate for the house.
• The person’s name alone, or “tenants in common” → probate is usually needed.

Not sure how to read it? A quick call with a probate attorney — or with us — can sort it out in minutes.

When there’s no real estate and the person’s solely-owned personal property totals $25,000 or less (not counting one motor vehicle), Massachusetts allows Voluntary Administration — a simplified filing that avoids full probate.

You file a short form with the Probate & Family Court for the county where the person lived, at least 30 days after the death. It’s the easiest path when it applies.

When someone leaves assets in their name alone worth more than $25,000 (and no real estate), those assets still need probate to be legally transferred to the heirs — usually an informal probate if there’s a valid will.

You’ll file with the Probate & Family Court for the county where the person lived.

If everything the person owned passed automatically — joint accounts, assets with named beneficiaries (POD/TOD accounts, life insurance, retirement accounts), or property in a trust — there may be no estate to probate at all.

It’s still worth a quick check with an estate attorney to make sure nothing was left in the person’s name alone.