How Assets Transfer After Death in Massachusetts
Not everything a person owned goes through the Probate and Family Court. What happens to each asset depends on how it was titled and whether the owner named a beneficiary.
Does Massachusetts have a transfer-on-death deed?
No. Article VI of chapter 190B, the part of the probate code on nonprobate transfers, holds section 6-101 and the securities registration sections 6-301 to 6-311. None of them creates a deed for real estate. Official source
Real estate can still pass outside probate by routes Massachusetts statutes record:
- Joint tenancy stated in the deed (M.G.L. c. 184, § 7). A deed to two or more people creates a tenancy in common unless it says they take jointly, as joint tenants, in joint tenancy, or to them and the survivor of them.
- Revocable trust (M.G.L. c. 203E, § 602). Land deeded to the trust follows the trust terms at death. The settlor may revoke or amend the trust unless its terms expressly make it irrevocable.
The Massachusetts guide to avoiding probate sets these routes beside beneficiary forms on accounts, policies and securities.
Settled Estate read these sections on October 8, 2026. Each route has tradeoffs, so a Massachusetts real estate attorney can say which fits a given property.
Ask one question of every asset: did the deceased set up a way for it to pass automatically? In Massachusetts that means survivorship in the deed, a beneficiary designation, or a funded trust. It does NOT include a transfer-on-death deed, because Massachusetts does not have one.
Transfers Automatically (No Probate)
These assets carry a built-in mechanism that moves them to a named person the moment the owner dies.
Requires Probate
Assets held in the decedent's name alone, with no beneficiary and no survivorship, pass under the will or by intestate succession and generally need a Probate and Family Court appointment.
Special Massachusetts Rules
Massachusetts has its own set of shortcuts and protections that do not look like other states.
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Massachusetts left the uniform act's multiple-person account rules (M.G.L. c. 190B, §§ 6-201 to 6-206) Reserved, so the bank's own account agreement decides how a joint or payable-on-death account behaves. Ask the bank in writing how each account is titled.
Pro Tips
- -Ask each bank in writing whether the account carries a payable-on-death or in-trust-for designation, because families often do not know
- -Notify the bank promptly so automatic debits and card use stop
- -Do not close a joint account right away; you may need it while bills are still clearing
- -Order more certified death certificates than you think you need, since each institution keeps one
Related estate steps
Frequently Asked Questions
Does Massachusetts have a transfer-on-death deed?
What is the difference between probate and non-probate assets?
What assets avoid probate in Massachusetts?
What is a TOD or POD designation?
Does joint ownership avoid probate?
SourcesOfficial references used for this page
- M.G.L. c. 190B (Massachusetts Uniform Probate Code), including §§ 2-403 to 2-405, 3-101, 3-706, 3-901, 3-1201, 3-1202, 6-101, 6-301 to 6-302
- M.G.L. c. 184, § 7 and M.G.L. c. 209, § 1 (how Massachusetts title is held)
- M.G.L. c. 167D, § 12 (payment of a deceased depositor's account)
- M.G.L. c. 90D, §§ 15, 15A, 17 (motor vehicle certificates of title)
- M.G.L. c. 65C, § 14 and M.G.L. c. 202, § 1 (estate tax lien and license to sell)
- M.G.L. c. 262, § 38 and M.G.L. c. 44B, § 8 (registry of deeds recording fees)
- Massachusetts RMV: Surviving spouse, heirship, and inheritance (mass.gov)
- Massachusetts Probate and Family Court forms for wills, estates, and trusts (mass.gov)
Information current as of April 11, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.