Massachusetts Probate FAQ

A. Informal probate in Massachusetts typically takes 9 to 18 months. The creditor claims period is 4 months from the date notice is published. Formal administration, especially when contested, can take 2 years or longer. Massachusetts' reformed court system has streamlined uncontested matters, but complex estates still require time.

A. Informal probate is the streamlined process where the Personal Representative files an application and is appointed without a hearing (unless there is an objection). Formal probate requires a court hearing, provides ongoing court supervision, and is used when there are disputes, contested wills, or complex estates. Most Massachusetts estates use informal administration.

A. Not necessarily. Assets held in a living trust, jointly owned property with rights of survivorship, and assets with designated beneficiaries (like life insurance or retirement accounts) pass outside of probate. However, real property owned solely by the decedent generally must go through probate, even in small estates. Massachusetts does not have a specific small estate threshold for real property.

A. Yes. Once the Personal Representative is appointed and has Letters Testamentary or Letters of Administration, they generally have the authority to sell real property. The sale proceeds go into the estate account and are distributed as part of the final court-approved accounting.

A. Massachusetts imposes a state estate tax on estates exceeding $2 million (2025 threshold, check for current updates). This is one of the lowest thresholds in the country. Unlike the federal estate tax, Massachusetts does not offer a portability provision for the unused exemption between spouses. An estate planning attorney can provide specific guidance.

A. Massachusetts requires a lead paint disclosure for homes built before 1978, a smoke and carbon monoxide alarm compliance certificate, and disclosure of known material defects. For probate properties, the Personal Representative should disclose what they know and note where they lack personal knowledge. Massachusetts courts expect good-faith disclosure.

A. Massachusetts imposes a real estate excise tax on property sales, paid by the seller. The standard rate is approximately $2.28 per $500 of the sale price. This is a closing cost the estate must plan for. The excise tax is separate from any capital gains tax on the sale.

A. The Personal Representative has the legal authority to manage and sell estate property, but must act in the estate's best interest. If heirs disagree and the dispute cannot be resolved, the matter can be brought before the Probate and Family Court for resolution. Mediation is recommended before litigation.