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Estate settlement · MA

Probate in Massachusetts.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Massachusetts estate attorney for the specifics of your situation.

Small estate threshold

Estates under $25,000

Massachusetts Voluntary Administration (G.L. c. 190B §3-1201) is available when the estate (excluding one motor vehicle) is $25,000 or less and there's no real property. Wait 30 days after death. Filed with Probate and Family Court.

Typical timeline

914 months for full probate

Massachusetts offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.

Massachusetts does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes Massachusetts different.

  • Massachusetts has its own state estate tax — kicks in at $2 million (2024) with rates up to 16%. Substantially lower threshold than the federal level.
  • Probate is handled by the Probate and Family Court (one combined court for both kinds of cases).
  • Massachusetts adopted the Uniform Probate Code in 2012 — informal probate (no hearing) is now the default for uncontested cases.
  • The 'magistrate's hour' is a longstanding tradition — uncontested matters can often be resolved at a brief magistrate hearing rather than a full judge hearing.
Key forms

What the executor will file.

  • MPC 150 — Petition for Informal Probate
    Standard path for uncontested estates with a will.
  • MPC 170 — Voluntary Administration
    Small-estate path under $25,000.
  • Estate Tax Return (Form M-706)
    Required if estate exceeds $2 million.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Massachusetts courts and bar association — the source of truth for current forms, fees, and procedures.

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Massachusetts estate attorney.

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