What Do I Do When Someone Dies in Massachusetts?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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Massachusetts Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

Massachusetts: State law sets the order of who controls disposition of remains. Order: Surviving spouse (239 CMR 3.09(1)(c)1.); then Surviving adult children (239 CMR 3.09(1)(c)2.); then Surviving parent(s) (239 CMR 3.09(1)(c)3.); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

Massachusetts: Cremation has a 48-hour waiting period. Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by Local board of health or town clerk (MGL Ch. 114 § 45). Immediately. Massachusetts sets no hour count — the attending physician "shall immediately furnish for registration a standard certificate of death" (MGL ch. 46 § 9), and the certificate must be registered before the town clerk issues the burial or cremation permit (MGL ch. 114 § 45). Typical state costs: direct cremation ~$1,700, direct burial ~$3,200, traditional funeral ~$9,800.

How many death certificates do I need?

Obtain certified death certificates

Massachusetts: Order from Massachusetts Registry of Vital Records and Statistics. Fee: $32/copy. Available: online, mail, in-person. Processing: 7-10 business days for online orders; 15-30 business days for mail.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

Massachusetts: Homestead exemption up to $1,000,000. Surviving spouse has lifetime right to occupy. Minor children also protected.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Massachusetts: Small estate affidavit available for estates under $25,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

Massachusetts: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, Massachusetts's estate recovery program (MassHealth — Estate Recovery Unit (Executive Office of Health and Human Services)) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures Massachusetts Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

Massachusetts: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (M.G.L. c. 190B, § 2-804). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

Massachusetts: Homestead exemption up to $1,000,000. Surviving spouse has lifetime right to occupy. Minor children also protected.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

File petition for probate with the court

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

Massachusetts: Statewide form: MPC 160 (Petition for Formal Probate of Will and/or Appointment of Personal Representative). File with the Probate and Family Court Department (division of the county of the decedent's domicile). Filing fee $390. Informal probate available. Independent administration reduces court supervision. Typical duration: 9-24 months.

Can I self-file probate?MPC 160 (official form)

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

Massachusetts: Letters of Authority for Personal Representative are issued by the The Register of the Probate and Family Court (registry), after a Magistrate appoints informally or a judge appoints formally and bond is approved. The state's title for the role is Personal Representative. The Letters document is official form MPC 751 (Letters of Authority for Personal Representative). Typically filed with the petition: Certified copy of the death certificate — the petitioner must redact the first five digits of the decedent's Social Security number before filing; if the cause of death reads "pending," a Cause of Death Affidavit (MPC 475) must be filed with it; Original will and any codicils (must reach the court within 5 days of eFiling, or be filed with a paper petition); Surviving Spouse, Children, Heirs at Law form (MPC 162); Devisees (MPC 163) — testate track only; Notice of Informal Probate & Return of Service (MPC 550) on the informal track; Citation - Return of Service (MPC 560) on the formal track; Proposed Order of Informal Probate of Will and/or Appointment of Personal Representative (MPC 750) on the informal track; proposed Decree and Order on Petition for Formal Adjudication (MPC 755) on the formal track; Bond (MPC 801) filed before Letters issue (ch. 190B, § 3-601) — checklists: "Required (only if seeking the appointment of a PR)"; Assent / Waiver of Notice / Renunciation / Nomination / Waiver of Sureties (MPC 455) where applicable; Military Affidavit (MPC 470) unless the petition is assented to by all interested persons.

Letters of Authority for Personal Representative (official form)

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

Massachusetts: Bond required unless waived in will. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (Mass. Gen. Laws ch. 190B, §§ 3-601, 3-603).

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

Massachusetts: Attorney fees typically 2.2-3.5% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

Massachusetts: Massachusetts does not require newspaper publication. Creditors have 12 months from the date of death to file claims.

What are the creditor claim deadlines?

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

Massachusetts: Massachusetts has not adopted comprehensive digital asset access laws. Access to online accounts may require court orders or provider cooperation.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

Massachusetts: Search Massachusetts State Treasurer — Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.

Massachusetts State Treasurer — Unclaimed Property Division unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

Massachusetts: Property owned in other states may require ancillary probate in those states. State recognizes out-of-state personal representatives.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

Massachusetts: Inventory due within 90 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

Massachusetts: If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Reasonable funeral expenses; then Debts and taxes with preference under federal law; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

Massachusetts: Creditor claim period is 12 months from the date of death.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

Massachusetts: Massachusetts does not offer transfer-on-death vehicle title designations. Vehicles pass through the estate or under other title rules.

What are my personal items worth for probate?

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

Massachusetts: File Form 1 for January 1 through date of death. Due April 15 following year of death. Fill in oval 1 (or oval 2) for whichever taxpayer listed on last year's return is deceased and enter the date of death. Enclose Form M-1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) whenever a refund is claimed for the decedent — the personal representative files it too, checking box b and attaching the court certificate of appointment; it is not limited to non-probate claimants. Automatic 6-month extension if at least 80% of the tax liability is paid by April 15 (extension payment: Form M-4868). Form 1-NR/PY for nonresidents. M.G.L. c. 62C, § 6.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File Form 1 (Massachusetts)Massachusetts Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

Massachusetts: File Form 2 for estate/trust income. Required when Income taxable under M.G.L. c. 62 exceeding $100 (estate/trust subject to MA jurisdiction) — M.G.L. c. 62C, § 6(b). Due April 15 (calendar year); 6-month extension if 80% of tax paid (Form M-8736). Income in respect of a decedent (amounts decedent had right to receive) reported on Form 2. Filed via MassTaxConnect.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)Form 2 (Massachusetts)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

Massachusetts: Has STATE ESTATE TAX with $2,000,000 exemption. File Form M-706, due 9 months after date of death.

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)Form M-706 (Massachusetts)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

Massachusetts: Tax clearance IS REQUIRED before final distribution. Massachusetts Estate Tax Closing Letter and Certificate Releasing Massachusetts Estate Lien (formerly Form M-792) issue after Form M-706 is accepted and payment is processed; the certificate is needed to clear title on estate real estate. For real property transfers before the return is due, file Form M-4422 (Application for Certificate Releasing Massachusetts Estate Tax Lien). For nonresident decedents: Form M-NRA (Nonresident Decedent Affidavit), filed with the M-706. For estates below the Massachusetts filing threshold, the lien is released instead by the personal representative's own affidavit — sworn under the pains and penalties of perjury, recorded in the registry of deeds, and stating that the gross estate does not necessitate a Massachusetts estate tax filing; DOR publishes no blank affidavit form. M.G.L. c. 65C, § 14. Form: Form M-4422 (early lien release); Form M-NRA (nonresident affidavit).

Do I have to file tax returns for someone who died?Massachusetts Tax Clearance

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

Massachusetts: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Massachusetts Registry of Vital Records and Statistics. Fee: $32/copy. Available: online, mail, in-person. Processing: 7-10 business days for online orders; 15-30 business days for mail.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Surviving spouse (239 CMR 3.09(1)(c)1.); then Surviving adult children (239 CMR 3.09(1)(c)2.); then Surviving parent(s) (239 CMR 3.09(1)(c)3.); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $25,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: MPC 160 (Petition for Formal Probate of Will and/or Appointment of Personal Representative). File with the Probate and Family Court Department (division of the county of the decedent's domicile). Filing fee $390. Informal probate available. Independent administration reduces court supervision. Typical duration: 9-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters of Authority for Personal Representative are issued by the The Register of the Probate and Family Court (registry), after a Magistrate appoints informally or a judge appoints formally and bond is approved. The state's title for the role is Personal Representative. The Letters document is official form MPC 751 (Letters of Authority for Personal Representative). Typically filed with the petition: Certified copy of the death certificate — the petitioner must redact the first five digits of the decedent's Social Security number before filing; if the cause of death reads "pending," a Cause of Death Affidavit (MPC 475) must be filed with it; Original will and any codicils (must reach the court within 5 days of eFiling, or be filed with a paper petition); Surviving Spouse, Children, Heirs at Law form (MPC 162); Devisees (MPC 163) — testate track only; Notice of Informal Probate & Return of Service (MPC 550) on the informal track; Citation - Return of Service (MPC 560) on the formal track; Proposed Order of Informal Probate of Will and/or Appointment of Personal Representative (MPC 750) on the informal track; proposed Decree and Order on Petition for Formal Adjudication (MPC 755) on the formal track; Bond (MPC 801) filed before Letters issue (ch. 190B, § 3-601) — checklists: "Required (only if seeking the appointment of a PR)"; Assent / Waiver of Notice / Renunciation / Nomination / Waiver of Sureties (MPC 455) where applicable; Military Affidavit (MPC 470) unless the petition is assented to by all interested persons.

After a Death in Massachusetts

The first step in settling an estate in Massachusetts is evaluating the estate's size and how assets are titled. Estates under $25,000 may bypass formal probate entirely. Trust-held assets transfer outside probate regardless of value.

Creditors in Massachusetts have 12 months to file claims after notice is published. This claim period sets a minimum timeline for estate settlement. State procedure sets a practical floor of about 9 months before an estate can close (MGL c. 190B § 3-803(a) (1-year creditor bar drives minimum timeline); MUPC has no overall statutory deadline (industry estimate for close-out)). Simple estates typically close in 6 months to 9 months, while contested or complex estates take longer.

The executor or personal representative in Massachusetts manages all estate affairs during the settlement period. Massachusetts requires an executor bond by default. A bond waiver in the will eliminates this expense. Massachusetts provides a family allowance for eligible survivors during administration (MGL c. 190B § 2-404). The Massachusetts executor fee calculator covers what that work can charge.

Total settlement costs depend on estate size, complexity, and whether disputes arise. Attorney fees, executor compensation, court filing fees, and publication costs total about $27,714 on a $500,000 estate. A revocable living trust bypasses this entire process — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

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

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Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.

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Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.

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Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

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How Much Can an Executor Charge?

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