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Home→Tools→Trustee Duties Checklist→Massachusetts

What Does a Trustee Do in Massachusetts?

Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.

Frequently Asked Questions

A successor trustee in Massachusetts has a fiduciary duty to manage trust assets prudently, notify beneficiaries, pay debts and taxes, and distribute assets according to the trust terms.M.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026 Unlike probate, trust administration is private and does not require court involvement.

Massachusetts requires the successor trustee to notify qualified beneficiaries of the trust's existence and the trustee's contact information within 30 days of the grantor's death.M.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026 The notice typically includes the trustee's name and address, and the beneficiary's right to request trust information.

When the grantor dies, the revocable trust becomes irrevocable and requires its own EIN (Employer Identification Number) from the IRS. The trustee must file Form 1041 (U.S. Income Tax Return for Estates and Trusts) for any income earned by trust assets after the date of death. The trust may also need to file a Massachusetts state income tax return.

Massachusetts requires trustees to maintain detailed records of all trust transactions, including income, expenses, distributions, and investment decisions.M.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026 Beneficiaries have the right to request accountings. Proper documentation protects the trustee from liability claims and provides transparency for beneficiaries.

Trustee compensation in Massachusetts is based on reasonable compensation for the services performed. Professional trustees typically charge 0.5-1.5% of trust assets annually. Individual (non-professional) trustees often reference executor fee guidelines (2-4% of estate value) as a benchmark. See the Massachusetts trustee compensation guide for details.

Trust administration in Massachusetts typically takes 6-12 months, compared to 9-14 months for average probate cases.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 Trust creditors have 12 months to file claims, compared to 12 months for probate creditor claims. Trust administration avoids court involvement, public filings, and many of the procedural delays associated with probate. See the Massachusetts estate settlement guide for a complete overview.

Trustee Duties in Massachusetts

As successor trustee in Massachusetts, beneficiary notification is YesM.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026. The deadline is 30 daysM.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026 after the grantor's death or when you accept trusteeship. The state follows the Uniform Trust Code (YesM.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026), establishing the framework for all trustee obligations.

Trust creditors in Massachusetts have 12 monthsM.G.L. c. 203E § 101 et seq.Verified Apr 15, 2026 to file claims. Unlike probate, which takes 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 for simple estates, trust administration is typically completed in 6-12 months without court involvement. The trustee manages creditor claims, tax filings, and distributions privately.

After obtaining an EIN and opening trust accounts, the trustee manages investments, pays debts and expenses, files tax returns (Form 1041), and distributes assets per the trust terms. Detailed record-keeping protects the trustee from liability and satisfies beneficiary requests for accountings.

Trustee compensation is based on reasonable fees for services performed. The Massachusetts trustee compensation guide covers fee structures and benchmarks. For estates that also involve probate assets, the estate settlement checklist coordinates both processes.

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
  • M.G.L. c. 203E § 101 et seq.

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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Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.

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