Massachusetts · probate and estate law
Probate in Massachusetts: do you need a lawyer, and what it costs
Massachusetts law decides whether an estate needs probate and what a lawyer may charge. Every fact links to its statute, with the date we read it. Not legal advice.
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Firms are listed by name with what they publish and what the bar roster says about them; you contact them yourself. A firm can never pay to move up a list.
Do I need a lawyer?
- Small-estate limit
- Estates under $25,000 can use a simpler process instead of full probate. In Massachusetts this usually starts with a signed affidavit.
- Formal probate
- Required above $25,000. Independent administration: no. Uniform Probate Code: yes.
- Typical duration
- About 9 months.
- Source
- G.L. c.190B §3-1201 (voluntary administration ≤ $25,000 personal property); MUPC informal probate §3-301 statute → · checked Sep 20, 2026
Settling an estate in Massachusetts
What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.
- Filing the original will
In Massachusetts, if you have the original will, you must deliver it within 30 days after you learn of the death to someone who can start probate, such as the named executor. If you don't know of anyone, deliver it to the Probate and Family Court.
- Which court handles probate
In Massachusetts, estates are handled by the Probate and Family Court in the county where the person who died lived. If they lived out of state, the case can be opened in a Massachusetts county where they had property.
- Creditors' deadline to make claims
In Massachusetts, creditors generally have 1 year from the date of death to bring a claim. To keep the claim alive, they must start a lawsuit and serve the executor or administrator, or file a notice of the claim with the probate register, within that year. Massachusetts does not require a published notice to creditors.
- Estate inventory
In Massachusetts, the executor or administrator (the law calls them the personal representative) must prepare an inventory of what the person who died owned, with date-of-death values, within 3 months after being appointed. They then either file a copy with the court or mail a copy to everyone with an interest in the estate.
- The order estate debts are paid
In Massachusetts, if the estate can't pay every bill, the executor or administrator pays them in a set order: estate administration costs, then funeral costs, then debts and taxes favored by federal law, then last illness medical bills, then debts and taxes favored by state law, then MassHealth debts, and finally everything else.
- State estate and inheritance tax
Massachusetts has an estate tax. For deaths on or after January 1, 2023, no tax is due if the federal taxable estate is $2,000,000 or less. Larger estates of residents owe tax, reduced by a credit of up to $99,600.
- Closing an estate
In Massachusetts, the executor or administrator can usually close the estate by filing a sworn closing statement with the court, no earlier than 6 months after appointment, once the creditor period has run, everything is paid and distributed, and the heirs have a written account. A court order of complete settlement after notice is the formal alternative.
What a probate lawyer may charge in Massachusetts
Some states set the fee by statute, as a percentage of the estate. Others say "reasonable compensation", and you agree it with the firm.
No statutory fee schedule is recorded for Massachusetts yet. Either the state leaves fees to "reasonable compensation", or we have not read the statute.
4 metros with named firms
A metro is listed once three firms there have an attorney active on the Massachusetts bar.
Sorted by how many firms. Placement is never for sale.
Showing 1 to 4 of 4 metros in Massachusetts
Every Massachusetts firm with a credentialed attorney, by city →
The estate letter · Massachusetts
Settling an estate in Massachusetts, one month at a time
Twelve months of steps with Massachusetts's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.
Get the estate letter- Month 1The first things to gather
- Month 2Work out what the estate is
- Month 3Get the authority to act
- 9 more months
Compare more
Estate checklist for Massachusetts
What the executor does, month by month, with Massachusetts's numbers and deadlines.
Funeral and cremation law in Massachusetts
Who has the right to decide, waiting periods, permits.
Before probate
Look a lawyer up yourself
Every attorney we name is checked against the Massachusetts bar roster. You can too: massbbo.org →