Your Trusted Probate Lawyers in MA
Probate in Massachusetts is the court-supervised process of handling someone’s estate after they die. That includes collecting assets, paying debts, and distributing property to heirs. Depending on the structure of the estate, the probate process can be simple or very complex. At New England Trust Services, we offer clarity and support for clients dealing with all types of probate cases.
Massachusetts uses the Massachusetts Uniform Probate Code (MUPC), which offers the following probate tracks.
- Informal probate: The most common and fastest, handled by a magistrate and often completed without court hearings.
- Formal probate: Required when there are disputes, unclear terms in a will, or issues involving minors or incapacitated heirs.
- Late and limited formal probate: These are for estates left untouched for three years or more.
Each of these processes has strict filing requirements and deadlines that our probate lawyers in MA help clients meet every day.
Simplified Probate Options for Small Estates
Not every estate in Massachusetts needs to go through a full probate process. If an estate is valued under $25,000 (excluding the value of a car), voluntary administration may be possible. This route avoids court supervision and allows a designated person to manage the estate.
Another option, summary administration, can be used when the estate value is low enough to be covered by funeral costs, exempt property, and final medical bills. Our probate lawyers in MA are familiar with filing requirements across counties and guide clients through every necessary step.
Avoiding Probate Altogether
We also help Massachusetts residents structure their estate plans to bypass probate when possible. This often involves using:
- Living trusts
- Joint ownership
- Payable-on-death accounts
Each method has benefits and limits. For example, Massachusetts does not allow transfer-on-death registration for real estate. Therefore, trusts or joint ownership are typically better options for properties.
In estates involving higher-value assets or complicated family arrangements, you cannot skip probate. Our probate lawyers in MA help individuals and families prepare with the right tools in place.
Who Manages the Estate?
The person in charge of the estate is called the personal representative. If there is a will, the court appoints the person named in it. If not, the surviving spouse usually gets first priority. That person is responsible for:
- Filing the death certificate
- Paying debts
- Handling taxes
- Distributing the remaining property
Our probate lawyers in MA support each personal representative from start to finish. We also assist when there is no will or when property is located in other states and a second probate (ancillary probate) is needed.
Start Resolving Your Probate Questions With Us
If you are looking for reliable probate lawyers in MA, we are ready to help. At New England Trust Services, we take pride in guiding Massachusetts families through difficult legal processes with patience and clear answers. Call us to speak with a member of our team or schedule a consultation.