MA risk area
Probate risk in Massachusetts
Court-supervised estate process, timing, cost exposure, and public record requirements.
Massachusetts allows voluntary administration for small estates consisting of personal property within a statutory cap after a 30-day waiting period.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- The estate must consist entirely of personal property; a motor vehicle may be included and other personal property must be $25,000 or less.
- At least 30 days must pass after death before the voluntary administration filing.
- No petition for appointment of a personal representative can be pending.
- An interested person files a verified statement and may be appointed as voluntary personal representative.
Questions to consider
Questions this risk area helps you evaluate in Massachusetts
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
Massachusetts allows voluntary administration for small estates consisting of personal property within a statutory cap after a 30-day waiting period.
- The estate must consist entirely of personal property; a motor vehicle may be included and other personal property must be $25,000 or less.
- At least 30 days must pass after death before the voluntary administration filing.
- No petition for appointment of a personal representative can be pending.
- An interested person files a verified statement and may be appointed as voluntary personal representative.
- Voluntary administration is limited to personal property estates and requires a probate court filing.
Sources
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in Massachusetts.