Suffolk County Register of Probate Guide

The Massachusetts small-estate path. An interested person files a sworn Statement of Voluntary Administration with the Register of Probate 30 or more days after the death, provided no petition to appoint a personal representative has been filed. The estate must consist entirely of personal property: one motor vehicle the decedent owned, plus other personal property that does not exceed $25,000. The motor vehicle does not count against that $25,000 ceiling. Real estate makes the estate ineligible. File the original will (if any) and a certificate of death with the statement, and certify that a copy of both went to MassHealth by certified mail. The filing fee is $115.

Qualifies:

$25,000

Typical duration:

1-2 months

Attorney:

not required by law, though many families use one

A formal testacy or formal appointment proceeding is heard by a judge of the Probate and Family Court on notice by citation with a return date. Massachusetts requires it when the will is contested, an interested person demands it, the original will is missing, an heir is a minor or is incapacitated, or informal probate is otherwise unavailable. Bond is required with or without sureties as the will, the court, or an interested person requires, and the inventory is still due within 3 months after appointment.

• File a petition for formal probate of a will, adjudication of intestacy, and/or formal appointment of a personal representative
• Obtain and serve a citation with a return date; publish as ordered
• Original will (if any) and certified death certificate
• Bond, with or without sureties as the will, the court, or an interested person requires (§§ 3-603 to 3-605)
• Inventory within 3 months after appointment (§ 3-706)

Qualifies:

No dollar limit; contested or complex estates

Typical duration:

9-18 months

Attorney:

not required by law, though many families use one

The common path for a straightforward Massachusetts estate. A magistrate of the Probate and Family Court allows informal probate of the will and informal appointment of a personal representative without a hearing before a judge. Give written notice at least 7 days before petitioning to all heirs and devisees and to anyone with a prior or equal right to appointment, and send the petition and death certificate to MassHealth by certified mail in the same 7-day window. Publish notice once within 30 days AFTER the appointment, file the inventory within 3 months of appointment, and close by a verified statement no earlier than 6 months after the original appointment.

• Give written notice at least 7 days before petitioning, by delivery or ordinary mail, to all heirs and devisees, to anyone with a prior or equal right to appointment, and to any personal representative whose appointment has not terminated (M.G.L. c. 190B, § 3-306(a))
• Send a copy of the petition and death certificate to MassHealth (the division of medical assistance) by certified mail at least 7 days before petitioning (§ 3-306(g))
• File the original will (if any), a certified death certificate, and the petition with the Register of Probate
• Publish notice once in a newspaper designated by the register, no more than 30 days AFTER the informal probate or appointment (§ 3-306(b))
• Prepare an inventory within 3 months after appointment and file it with the court or mail it to interested persons (§ 3-706)
• Close by verified closing statement no earlier than 6 months after original appointment (§ 3-1003)

Qualifies:

No dollar limit; uncontested estates

Typical duration:

6-12 months

Attorney:

not required by law, though many families use one

Supervised administration is a single in rem proceeding in which the personal representative is subject to continuing court authority. No distribution may be made without a court order, and the estate closes by a court decree rather than by a closing statement.

• Petition for supervised administration
• Court order placing the estate under supervision
• Court approval before distribution and for the final account

Qualifies:

No dollar threshold. Ordered by the court on petition.

Attorney:

not required by law, though many families use one

Massachusetts's small-estate path. An interested person files a sworn Statement of Voluntary Administration with the Register of Probate 30 or more days after death, provided no petition for appointment of a personal representative has been filed. The voluntary personal representative collects the listed assets, pays funeral and last-illness expenses and administration costs without a fee for services, pays debts in the § 3-805 order, and distributes the balance.

• At least 30 days have passed since the date of death
• No petition for appointment of a personal representative has been filed in the county where the decedent resided
• The estate consists entirely of personal property: one motor vehicle owned by the decedent plus other personal property of $25,000 or less
• File the sworn statement listing every asset and its estimated value, the surviving joint owners, and the intestate heirs or will beneficiaries
• File the original will (if any) with the statement
• Attach a certificate of death by a public officer
• Certify on the statement that a copy of the statement and the death certificate were sent to MassHealth by certified mail

Qualifies:

The estate must consist ENTIRELY of personal property. Other personal property may not exceed $25,000; one motor vehicle the decedent owned does not count against that $25,000 ceiling. Real property makes the estate ineligible.

Filing fee:

$115

Attorney:

not required by law, though many families use one

An appointed personal representative whose estate meets the § 3-1203 formula may immediately disburse and distribute the estate without giving notice to creditors and then close by filing the verified statement described in § 3-1204.

Qualifies:

A formula, not a fixed dollar cap: the value of the entire estate, less liens and encumbrances, does not exceed family allowances, exempt property, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the decedent's last illness.

Attorney:

not required by law, though many families use one

After the 3-year ultimate time limit, an informal appointment or a formal testacy or appointment proceeding may still be commenced under § 3-108(4), but the personal representative has no right to possess estate assets beyond what is necessary to confirm title in the successors, and claims other than expenses of administration may not be presented against the estate.

Qualifies:

Commenced more than 3 years after the date of death, when no proceeding relating to the succession or estate administration occurred within that 3-year period.

Attorney:

not required by law, though many families use one