In Massachusetts, probate is generally required if the deceased owned assets solely in their name that do not automatically transfer to someone else.
Probate is often not necessary for assets such as:
Property owned as joint tenants with rights of survivorship.
Bank accounts or investment accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary.
Retirement accounts and life insurance with named beneficiaries.
Assets held in a trust.
Probate is often required for:
A home owned solely by the deceased.
Bank or investment accounts with no surviving joint owner or beneficiary.
Vehicles or other property titled solely in the deceased's name.
Any situation where the will needs to be legally recognized so the personal representative can transfer assets.
If there is a will
A will does not avoid probate by itself. Instead, it tells the Probate Court:
who should serve as the personal representative (executor),
who should inherit the assets, and
how the estate should be administered.
Simplified probate
Massachusetts also has a simplified process called Voluntary Administration for certain small estates that meet specific legal requirements. Larger or more complex estates generally require formal or informal probate.
If you're asking because you're handling a family member's estate or preparing to sell a home, I can help determine whether probate is likely required. If you tell me:
Was the deceased a Massachusetts resident?
Did they own a home, and if so, was it owned individually or jointly?
Is there a valid will?
Approximately what assets are in the estate?