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Home→Tools→Probate Calculator→Massachusetts

How Much Does Probate Cost in Massachusetts?

Use our free calculator to estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state.

Frequently Asked Questions

Probate costs in Massachusetts typically include attorney fees (based on reasonable compensation determined by the court), executor fees, court filing fees, and publication costs.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 Total costs generally range from 3-8% of the estate value depending on complexity. Use the executor fee calculator to estimate executor compensation separately.

Massachusetts allows estates valued at $25,000 or less to use a Voluntary Administration, which avoids formal probate.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. Check eligibility with the Massachusetts probate need checker.

In Massachusetts, simple estates typically take 6-9 months. Average estates take 9-14 months. Complex estates with disputes, tax issues, or unusual assets can take 14-24 months or longer.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 12-month creditor claim period sets a minimum timeline.

Massachusetts uses a "reasonable compensation" standard for probate attorney fees.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 Apr 15, 2026 Courts consider factors such as the complexity of the estate, time spent, attorney skill, and local rates. Typical fees range from 2% to 4% of estate value.

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

Real property cannot be transferred using the small estate affidavit in Massachusetts.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 Separate procedures apply.

Probate Costs in Massachusetts

Understanding probate costs in Massachusetts is the first step in estate planning. Fees, timelines, and court requirements vary significantly from other states, so a Massachusetts-specific estimate matters. Compare probate with trust-based planning using the trust vs. will tool.

Attorney fees in Massachusetts are based on reasonable compensation, typically 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 Apr 15, 2026 to 4%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 Apr 15, 2026 of the estate value. Families can negotiate rates, and courts review fees for reasonableness.

Massachusetts offers a small estate shortcut for estates valued 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. After a 30 daysM.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 waiting period, heirs can collect assets without opening a probate case.

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 to 9 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. A revocable living trust bypasses probate entirely — assets transfer privately, typically within weeks.

SimplyTrustSimplyTrust Editorial·Updated April 15, 2026

Legal Sources

  • M.G.L. c. 190B §§ 3-301, 3-306, 3-603, 3-706, 3-715, 3-719, 3-720, 3-803, 3-1201
  • 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.

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

Massachusetts Estate Planning Resources

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

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