Extract Data From Legal Massachusetts Estate Planning Forms For Free

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration.

Even if an estate contains probate assets, you might be surprised to learn you may not need to go through a full formal probate. If the value of the decedent's estate is less than $25,000 and does not contain any real property, than a limited version of probate called Voluntary Administration may qualify.

People often want to avoid probate because it can be very time consuming and expensive with executor's fees, accounting fees, court fees, attorney's fees, appraisal costs, and surety bonds. The probate process can take about 12-18 months. Per Massachusetts law, ?an estate must be probated within three years.?

The quick answer is that not all estates have to go through probate in Massachusetts. It depends on the assets, how they are owned, and what estate planning has been done.

The Probate and Family Court Department has jurisdiction over family-related and probate matters, such as divorce, paternity, child support, custody, parenting time, adoption, ending parental rights, abuse prevention, wills, estates, trusts, guardianships, conservatorships, and name changes. The court has 14 divisions.

For records of estate cases from 2009 through 2021 from any county, you can search for the record on masscourts.org. If you can't find the record you're looking for there, please contact your local Probate & Family Court.