How Long Does Probate Take in Massachusetts? A Timeline Breakdown

When someone passes away in Massachusetts, their estate typically goes through a court-supervised process called probate before assets can be transferred to heirs or beneficiaries.

One of the first questions families ask is: How long is this going to take?

The honest answer: it depends. But most Massachusetts probate matters follow a predictable arc. Here is what to expect at each stage.

The Short Answer - Straightforward Probates

A straightforward Massachusetts probate typically takes 9 to 18 months from filing to close. Complex estates (those involving disputes, real estate in multiple states, business interests, or creditor claims) can take two to three years or longer.

Stage 1: Filing the Petition (Weeks 1 to 4)

Probate begins when a Personal Representative (what most states call an executor) files a petition with the Massachusetts Probate and Family Court in the county where the decedent lived.

At this stage, you will need:

• The original will (if one exists)

• A certified death certificate

• A list of heirs and their contact information

• The filing fee (currently $375 for most estates)

  
  

The court will issue a Citation, a formal notice that gives interested parties: heirs, creditors, and others, the opportunity to object before the estate proceeds.

What causes delays here: Missing documents, locating the original will, or disagreements among family members about who should serve as Personal Representative

Stage 2: Notice and Waiting Period (Weeks 4 to 16)

Once the Citation is issued, Massachusetts law requires that notice be published in a local newspaper and mailed to all interested parties. There is then a mandatory waiting period -- typically 30 days after the last publication -- during which anyone with an objection can come forward.

If no objections are filed, the court formally appoints the Personal Representative and issues Letters Testamentary (or Letters of Administration if there is no will). These letters allow the Personal Representative to act on behalf of the estate: opening bank accounts, communicating with financial institutions, and managing property.

What causes delays here: Heirs who cannot be located, creditors who contest the estate, or family members who dispute the will's validity.

Stage 3: Inventory and Creditor Claims (Months 3 to 6)

With Letters in hand, the Personal Representative must:

1. Identify and inventory all estate assets -- bank accounts, real estate, vehicles, investments, personal property

2. Obtain date-of-death valuations (real estate typically requires an appraisal)

3. Notify known creditors and publish a creditor notice in the newspaper

4. Wait for the creditor claim period to expire -- Massachusetts gives creditors one year from the date of death to file claims against an estate

   
   

This stage is often where estates get held up longest. The Personal Representative cannot distribute assets to beneficiaries until creditor claims are resolved. Rushing this step creates personal liability for the Personal Representative.

What causes delays here: complex asset inventories, valuation disputes, unresolved debts, or IRS estate tax obligations (estates over $2 million in Massachusetts are subject to state estate tax).

Stage 4: Filing Estate Tax Returns (If Required)

Massachusetts has one of the lowest estate tax thresholds in the country. If the gross estate exceeds $2 million, a Massachusetts estate tax return must be filed within nine months of the date of death (extensions are available).

The federal estate tax applies at a much higher threshold (currently over $13 million per person), so it applies to fewer estates.

If taxes are owed, they must be paid before assets are distributed. This step can add several months to the timeline, particularly if the estate includes illiquid assets like real estate or a closely held business.

Stage 5: Final Accounting and Distribution (Months 9 to 18+)

Once creditors are satisfied and any tax obligations are resolved, the Personal Representative prepares a final accounting—a document that shows all assets received, all expenses paid, and what remains for distribution. In Massachusetts, this accounting is either submitted to the court or approved by all interested parties through a formal assent process.

After the accounting is approved, assets are distributed according to the will (or, if there is no will, under Massachusetts intestacy law), and the estate is closed.

What Makes Probate Take Longer

Several factors can extend a Massachusetts probate well beyond 18 months:

• Will contests. If a family member challenges the validity of the will, litigation can add years to the process.

• Real estate. Selling or transferring property takes time, particularly in a slow market or when the property needs to be cleared of liens.

• Out-of-state assets. Real property in another state requires a separate "ancillary probate" proceeding in that state.

• Business interests. Valuing and transferring ownership in a closely held business is time-consuming and often requires expert appraisers.

• Uncooperative beneficiaries. Estates with family conflict move slowly.

• Missing heirs. The court requires diligent efforts to locate all interested parties before an estate can close.

Family reviewing estate documents with an attorney in Massachusetts

Can Probate Be Avoided Altogether?

Yes, in many cases. Assets that pass by beneficiary designation (life insurance, retirement accounts, payable-on-death bank accounts) do not go through probate. Assets held in a revocable living trust also avoid probate entirely.

For many Massachusetts families, a well-drafted estate plan, including a pour-over will and a revocable trust, can significantly reduce or eliminate the assets that must go through probate. This is often the most valuable thing someone can do to protect their family from a lengthy and expensive court process after they are gone.

Working With an Attorney

While Massachusetts allows individuals to handle probate without an attorney, most Personal Representatives find the process confusing and time-consuming. A misstep, such as missing a creditor deadline, failing to properly inventory an asset, or distributing funds prematurely, can result in personal liability.

At Daniel Murray Law, Attorney Chris Murray assists families throughout the Newton area and surrounding communities with probate administration, from initial filing through final distribution. If you have questions about a pending estate or want to understand what your family would face after your passing, we are glad to help.

Call us at 978-579-9800 or visit danielmurraylaw.com to schedule a consultation.

Murray Law Firm P.C. is a boutique law firm located at 246 Walnut Street, Newton, MA 02460. Attorney Chris Murray handles estate planning, probate, bankruptcy, and real estate matters throughout Massachusetts.