Have you ever found yourself wondering if the house or financial accounts of a deceased loved one must be handled through probate court? We know these questions can weigh heavily when you’re already facing loss.
At Jordan & White, we help families across Massachusetts plan for a great life before and after a loss. We guide clients through probate, estate planning, and real estate with clarity, compassion, and a steady hand. In this piece, we’ll explain when probate is required and when it might be avoided so you can move forward with confidence and peace of mind
When Is Probate Required in Massachusetts?
Probate is the legal process allowing a personal representative to confirm a will, pay creditors, and transfer assets after someone passes away. Whether this process is required hinges upon ownership details and devise designations at the time of death. If the deceased’s property was held only in their name, it is likely headed into probate.
As a general rule, an estate goes through probate if there is no joint ownership listed. Probate ensures that any will is validated, that taxes are handled, and that assets without survivors named on them move legally to heirs. It also allows creditors their opportunity to file claims for what is owed.
Assets That Typically Need to Go Through Probate
Some assets must pass through the Massachusetts probate court because they do not automatically transfer by law. These items are usually held in the deceased’s name alone, and distributing them often calls for a judge’s approval. Below are categories that often appear in a probate estate.
Real Estate
Homes or land titled strictly in the decedent’s name or held as tenants in common typically require probate. Without a survivorship clause that instantly moves ownership to another person, the property’s title will only shift once the court steps in.
Insurance Policies
If the life insurance lists “estate” as the devisee or if the named devisee has already died, probate is likely. Sometimes, a policy may not have anyone named, which leaves the proceeds under probate as well.
Retirement Accounts
Retirement accounts like 401(k)s or IRAs may require probate if no living or contingent beneficiary is named. If the account defaults to the estate because no one is listed or the named individual has passed away, it generally must go through court administration.
Bank Accounts, Securities, and Financial Instruments
Accounts without a payable-on-death or transfer-on-death recipient usually require the personal representative to file for probate. In that situation, the bank has no legal authority to let anyone else access the funds until the court grants permission.
Personal Property
Items like fine jewelry, antiques, or personal collections can require probate if they are not in a trust or assigned directly to someone else. Many folks learn this is necessary when valuable possessions stay only in the decedent’s name.
Unclaimed Property
If a person died leaving old bank balances or other financial holdings that ended up at the Massachusetts Treasurer’s Unclaimed Property Division, the state typically wants to see official probate documents before releasing that money.
Refunds Payable to the Decedent
Sometimes, money arrives for the person after death, like a nursing home credit, a health insurance premium refund, or a tax refund. In most cases, the entity that issues the money will examine probate documents to make sure the right individual receives the funds.
Below is a short comparison showing why these items typically need probate and what alternatives might help avoid the process:
| Asset Type | Reason Probate Is Required | Possible Alternatives |
| Real Estate titled solely | No automatic transfer on death | Hold property as tenants by the entirety or joint tenancy (if suitable) |
| An insurance policy with no valid devisee | Proceeds fall to the estate | Regularly update device designations |
| Retirement account without living devisees | Account defaults to estate | Name a backup (contingent) devisee |
| Personal property in the decedent’s name | No direct transfer method | Consider a trust or gift items during life |
Assets That Can Bypass Probate
While certain belongings land in probate court, others pass directly to a surviving owner or named individual. Such shortcuts can spare time, reduce paperwork, and let families settle affairs without prolonged court supervision.
In many cases, it depends on whether the asset has a living person or entity designated to take over ownership. Below are some common examples of items that flow outside probate.
Jointly Held Property
Many couples keep real estate or bank accounts jointly. If the property is held with rights of survivorship, the surviving owner typically receives full ownership automatically. Spouses often hold title as tenants by the entirety, a form granting immediate transfer on the first spouse’s death.
Assets with Designated Devisees
Retirement plans, life insurance policies, and annuities typically avoid probate if a valid beneficiary is named. The funds are paid directly to that individual upon presentation of a death certificate, allowing the assets to transfer without court involvement.
Assets Held in a Trust
Trusts own property separately from any single person, which is why belongings inside a trust do not enter the probate estate. The trustee follows the trust instructions, distributing assets privately to those chosen by the person who created it.
Voluntary Administration for Small Estates
Dealing with probate can feel like a lot, but Massachusetts offers a simplified approach for smaller estates, called Voluntary Administration. This option is possible if there is no real estate involved and the total probate assets do not exceed $25,000 (plus one vehicle). When those conditions apply, a Voluntary Personal Representative can file basic paperwork.
That process is much leaner and often wraps up more quickly. Even though shorter, the Voluntary Personal Representative still must gather funds, pay any valid debts, and then share what remains with the people entitled to inherit.
Time Limits for Probate in Massachusetts
Massachusetts laws generally call for beginning probate within three years of the person’s passing. Some families do not realize this timeframe when delays pop up. If no one starts proceedings by that point, there is a “late and limited” approach that may be used to finalize who inherits the property.
Exceptions can exist, especially if the estate meets the Voluntary Administration rules. Still, families often discover that acting sooner saves headaches and helps keep paperwork simpler.
Do You Need Guidance with Estate Planning or Probate? Contact Jordan & White.
At Jordan & White, we provide thoughtful, personalized support for estate planning, probate, and real estate matters. Whether you’re dealing with probate or considering a trust, our team is here to simplify the process and ease your concerns. Call us at 978-744-2811 or visit our Contact Us page to send a message. We’re ready to answer your questions and help you find the best path forward for your assets, your family, and your peace of mind.