What you need to know
Probate and Family Court · Massachusetts Uniform Probate Code (M.G.L. c. 190B)
Understanding Probate in Massachusetts
Probate may be needed when someone dies with assets that require court authority to transfer. Massachusetts probate cases are handled through the Probate and Family Court. Determining whether probate is needed starts with understanding the property the person owned and whether that property can be transferred without going through a probate proceeding.
Voluntary Administration
Massachusetts provides a simplified option known as Voluntary Administration for certain smaller estates. Voluntary Administration may be available when a Massachusetts resident dies with $25,000 or less in personal property, excluding one motor vehicle, and no real estate that needs to pass through the procedure. Generally, at least 30 days must have passed since death. The simplified procedure is therefore limited not only by value, but also by the type of property involved.
If There Is No Will
An estate can still be administered when the person did not leave a valid will. In that situation, Massachusetts law determines who inherits probate assets. A surviving spouse's share depends on which other family members survive and the family's structure. The absence of a will changes how beneficiaries are determined, but it does not necessarily eliminate the need for an estate process.
The Executor or Administrator
Massachusetts does not use one fixed percentage to determine compensation for an executor or administrator. Instead, an executor or administrator is generally entitled to reasonable compensation. The work required will depend on the circumstances of the particular estate.
Rights of a Surviving Spouse
A surviving spouse may have rights that affect what they receive under a will. The specific result depends on the estate and family circumstances. Those rights can be important when determining how the estate can ultimately be distributed.
Creditor Claims
Massachusetts uses a longer general creditor period than some of the other states covered in these guides. Creditors generally have up to 1 year after the person's death to bring a claim against the estate, although exceptions can apply. Families administering an estate should therefore keep potential creditor claims in mind before completing the estate process.
Massachusetts Estate Tax
Massachusetts has a state estate tax that may apply to estates worth more than $2 million. This is separate from the federal estate tax and can create an additional state-level consideration for larger estates.
Key things to know
The essentials for a Massachusetts estate.
Worth knowing
Massachusetts probate is handled through the Probate and Family Court.
Worth knowing
Voluntary Administration may be available for qualifying estates with $25,000 or less in personal property.
Worth knowing
The simplified process excludes one motor vehicle from the $25,000 calculation.
Worth knowing
Real estate does not pass through the Voluntary Administration procedure described here.
Worth knowing
Generally, at least 30 days must have passed since death before using the simplified procedure.
Worth knowing
The one-year creditor rule has exceptions.
Worth knowing
Massachusetts has its own estate tax separate from the federal estate tax.
Compare to other states
Probate rules shift meaningfully once you cross a state line.
General information as of 2026-09-17, not legal advice for a specific estate. Dollar thresholds are indexed and change over time — confirm current figures before relying on any of them.