For anyone planning an estate in Massachusetts or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Massachusetts law.
36 tools for Massachusetts
Probate in Massachusetts takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Massachusetts does not authorize transfer on death deeds; sole-name real property goes through probate, at least 6 months for a simple estate, unless held in a trust or with a right of survivorship.
Massachusetts does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
Massachusetts has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableM.G.L. c. 190B §§ 3-301, 3-307 (magistrate appoints without formal hearing)Verified Sep 8, 2026View source.
In Massachusetts, the Probate and Family Court Department appoints the personal representative and the The Register of the Probate and Family Court issues Letters of Authority for Personal Representative; an informal (registrar) track is availableM.G.L. c. 190B §§ 3-301, 3-307 (magistrate appoints without formal hearing)Verified Sep 8, 2026View source.
In Massachusetts, creditors have 12 monthsM.G.L. c. 190B § 3-803Verified Sep 8, 2026View source from the date of death to present claims; late claims are barred.
When an estate owes more than it holds, Massachusetts pays the claims in 7MGL c. 190B § 3-805Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
Massachusetts requires a final state income tax return for the decedent alongside the federal Form 1040M.G.L. c. 62, § 4(b), (d); Mass. Const. Amend. Art. XLIV, as amended by Amend. Art. CXXI (Fair Share Amendment)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Estimate the fair market value of household items for probate and see how it affects fees.
In Massachusetts, a will-based plan pays probate attorney fees of typically 2.2%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source to 3.5%No specific statute for general probate attorney fees; reasonable compensation subject to court review. M.G.L. c. 190B § 3-720 covers litigation expense reimbursement only.Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
Settling an estate in Massachusetts: the personal representative files the estate inventory within 90 daysMGL c. 190B §§ 3-706, 3-707, 3-708Verified Sep 15, 2026View source of appointment; creditors have 12 monthsMGL c. 190B §§ 3-306, 3-801, 3-803, 3-804, 3-805, 3-806Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Massachusetts happens outside court: the trustee acts under the state's Uniform Trust CodeM.G.L. c. 203E § 101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 30 daysMGL c. 203E §§ 813, 1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
After a death in Massachusetts, the estate either qualifies for the simplified procedure for estates under $25,000M.G.L. c. 190B § 3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 12 monthsM.G.L. c. 190B § 3-803Verified Sep 8, 2026View source to file claims after notice.