How to File Probate in Massachusetts: The Three Tracks and Which One You Need

Most families assume that "probate" means a long, expensive process with multiple court appearances. In Massachusetts, that is only true if you choose the wrong track — or if someone picks a fight. The Massachusetts Uniform Probate Code (MUPC) introduced in 2011 created a streamlined system with three separate tracks. Picking the right one for your situation can mean the difference between a paperwork-only filing and a contested hearing.

Here is how the Massachusetts probate system actually works.

The Three Tracks

Track 1: Voluntary Administration (Small Estates)

Use when: The estate has no real estate and total personal property (cash, bank accounts, vehicles, etc.) does not exceed $25,000 net of liens and encumbrances.

Waiting period: 30 days from the date of death before filing.

Filing fee: $115

Primary form: MPC 170 (Voluntary Administration Statement)

Voluntary Administration is designed for the simplest estates. A successor (usually the surviving spouse or an adult child) files MPC 170 with the Probate and Family Court, attaches a certified copy of the death certificate, the original will (if any), and a bond (unless waived by the will or court). No Personal Representative is formally appointed — the successor acts under a more limited authority to collect and distribute assets.

The key constraint is the asset ceiling. If the gross personal property in the estate exceeds $25,000, even by a small amount, Voluntary Administration is not available and you must use one of the formal tracks. Real estate automatically disqualifies an estate from Voluntary Administration, regardless of total value.

This track is appropriate for estates where the deceased had primarily a checking account and perhaps a car, where all beneficiaries agree, and where no creditor disputes are anticipated.

Track 2: Informal Probate

Use when: There is a valid will (or the estate is intestate), no disputes among heirs, all interested parties are identifiable and can be notified, and there are no unusual complications.

Waiting period: 5 days from the date of death before filing; in practice, 7 business days is the standard.

Filing fee: $390 ($375 base + $15 surcharge)

Primary forms: MPC 150 (Application for Informal Probate) + MPC 162 (Statement of Informal Probate and/or Appointment)

Informal probate is handled administratively by the court's magistrate — no judge, no hearing, no courtroom. The magistrate reviews the application to confirm it is complete, that the will appears valid on its face, and that the correct party is being appointed as Personal Representative. If everything checks out, the appointment issues.

For an intestate estate (no will), a bond is generally required unless all heirs waive it (MPC 801 bond form). For testate estates, the will may waive the bond requirement.

Once appointed, the Personal Representative has full authority to manage estate assets, pay valid creditor claims, file estate tax returns if needed, and distribute assets to beneficiaries. The process is largely self-directed — there are no mandatory court check-ins, though a formal closing statement or decree can be obtained if the parties want one.

Informal probate is the right choice for the majority of Massachusetts estates. It is streamlined, relatively inexpensive, and avoids the delays of judicial scheduling.

Track 3: Formal Probate

Use when: There are disputes about the validity of the will, ambiguity about who the heirs are, a missing will, contested appointment of the Personal Representative, or other circumstances requiring a judge's determination.

Filing fee: $405

Primary form: MPC 160 (Petition for Formal Probate)

Formal probate is heard by a judge, not a magistrate. It requires filing a Petition (MPC 160), obtaining a Citation (MPC 560) — a court-issued notice document — and serving all interested parties. A hearing date is scheduled, and the judge makes formal findings on the contested matters.

Formal probate is slower and more expensive, both because of the higher filing fee and because attorney involvement is almost always necessary when disputes exist. However, the judge's formal decree provides a higher level of certainty and finality than an informal appointment, which can be challenged more easily.

If you are dealing with a situation where family members disagree about the will's validity, suspect undue influence, have questions about whether a document constitutes a valid will, or cannot locate an heir, formal probate is the appropriate path.

The Late and Limited Track: After 3 Years

If no probate was initiated within three years of the date of death, the ordinary informal and formal probate tracks are permanently barred. A separate procedure — Late and Limited Formal Probate using MPC 161 — is available to confirm title to assets but does not carry full Personal Representative powers.

See the late and limited probate guide for a complete explanation of this procedure, including its strategic use in defeating creditor claims.

The MUPC Forms You Need

All Massachusetts probate forms are standardized as "MPC" (Massachusetts Probate Court) forms. The key forms by track:

All MPC forms are available on the Massachusetts court system website (mass.gov/orgs/probate-and-family-court). File at the Probate and Family Court in the county where the decedent was domiciled at the time of death.

What Probate Is and Isn't Required For

Not all assets require probate. Understanding which assets fall inside and outside the probate estate saves time and cost.

Assets that go through probate (require Personal Representative authority):

• Bank or brokerage accounts in the decedent's name alone (no beneficiary designation, no joint owner)
• Real estate titled in the decedent's name alone
• Personal property (vehicles, household goods, collectibles)
• Business interests without a succession agreement

Assets that pass outside probate (do not require a Personal Representative):

• Joint tenancy with right of survivorship — passes automatically to surviving joint owner
• Accounts with valid payable-on-death (POD) or transfer-on-death (TOD) designations
• Life insurance with a named beneficiary other than the estate
• IRAs and retirement accounts with a named beneficiary
• Assets held in a living trust

Identifying which assets require probate and which do not is the first substantive step in estate administration. In many Massachusetts estates, the only asset requiring probate is the real estate — and if the real estate was jointly owned, there may be no probate required at all.

Practical Timeline for Informal Probate

For an uncomplicated informal probate proceeding with a valid will:

• Day 1–7: Gather the original will, certified death certificate, and contact information for all named beneficiaries and heirs
• Day 7–14: File MPC 150 and MPC 162 at the Probate and Family Court with the $390 fee and the original will
• Week 3–6: Magistrate reviews and issues appointment (timing varies by courthouse volume)
• After appointment: Open estate bank account, notify creditors, manage estate assets
• Month 2–9: Pay valid creditor claims, file estate tax return if required (Form M-706 due 9 months from death)
• After creditor period: Distribute assets to beneficiaries, file closing statement

The total duration for an uncomplicated estate ranges from six months to a year, driven primarily by the estate tax filing deadline and the creditor notification period.

Massachusetts Probate Fees

Additional fees apply for certified copies of documents, recording deeds at the Registry of Deeds, and various ancillary filings. Budget approximately $500–$700 in total court and recording fees for a straightforward informal probate with real estate.

Probate is often only one of several concurrent processes running after a Massachusetts death — alongside estate tax filings, pension benefit elections, Social Security survivor benefit claims, and MassHealth recovery notices. The Massachusetts Survivor Benefits Navigator walks through all of these on a unified timeline so you can see what needs to happen in what order, with the specific forms and deadlines for each step.

See more Massachusetts guides →