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Home→Tools→Executor Duties Checklist→Massachusetts

What Does an Executor of a Will Do in Massachusetts?

Step-by-step guide for executors and personal representatives navigating probate. This checklist applies whether there was a will or not.

Frequently Asked Questions

An executor (or personal representative) in Massachusetts is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in Massachusetts starts at approximately $390.M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201; M.G.L. c. 262 § 40 (verified on malegislature.gov, April 2026); Mass. estate tax per Ch. 50 of the Acts of 2023 (mass.gov)Verified Apr 15, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Massachusetts requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 12 months to file claims.M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201; M.G.L. c. 262 § 40 (verified on malegislature.gov, April 2026); Mass. estate tax per Ch. 50 of the Acts of 2023 (mass.gov)Verified Apr 15, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Massachusetts allows estates valued at $25,000 or less to use a Voluntary Administration.M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201; M.G.L. c. 262 § 40 (verified on malegislature.gov, April 2026); Mass. estate tax per Ch. 50 of the Acts of 2023 (mass.gov)Verified Apr 15, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Massachusetts allows executors to receive reasonable compensation.M.G.L. c. 190B § 3-719 (reasonable compensation; no statutory percentage)Verified Apr 15, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Massachusetts executor fee calculator.

Probate costs in Massachusetts include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Massachusetts probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in Massachusetts

Probate in Massachusetts begins with filing the will and a petition with the court. The initial filing fee is $390M.G.L. c. 262, § 40; M.G.L. c. 262, § 4CVerified Apr 15, 2026. After appointment, the executor receives letters testamentary granting legal authority to manage estate affairs.

Creditors in Massachusetts have 12 monthsM.G.L. c. 190B § 3-803Verified Apr 15, 2026 to file claims after notice is published. The executor must publish notice in a local newspaper and send direct notice to known creditors. For smaller estates under $25,000M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified Apr 15, 2026, simplified procedures may be available that bypass formal probate.

Massachusetts allows reasonable compensation for executors, typically 2%M.G.L. c. 190B § 3-719 (reasonable compensation; no statutory percentage)Verified Apr 15, 2026 to 4%M.G.L. c. 190B § 3-719 (reasonable compensation; no statutory percentage)Verified Apr 15, 2026 of estate value. Executors can waive their fee or negotiate a different amount. See the executor fee calculator for a breakdown.

Simple estates in Massachusetts typically close in 6 monthsM.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201Verified Apr 15, 2026 from the date of filing. Estates held in a revocable living trust skip probate entirely — the successor trustee handles distribution privately in weeks. The creditor claims guide covers notification deadlines for estates that do go through probate.

SimplyTrustSimplyTrust Editorial·Updated April 15, 2026

Legal Sources

  • M.G.L. c. 190B § 3-719 (reasonable compensation; no statutory percentage)
  • M.G.L. c. 190B § 3-803
  • M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201
  • M.G.L. c. 262, § 40; M.G.L. c. 262, § 4C

Data sourced from Massachusetts statutes and official state code. How we research.

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In-depth guides covering Massachusetts probate laws, trust requirements, and estate planning strategies.

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