When a loved one passes, handling their estate often begins with probate—but not all probate is the same. In Massachusetts, families typically choose between formal and informal probate, each with its own process, timeline, and level of court involvement.
At Jordan & White, LLC, we help guide clients through these decisions with clarity and compassion. In this article, we’ll break down the key differences between formal and informal probate, so you can better understand which path suits your family’s needs and circumstances.
Formal Probate: Court-Supervised Administration
Formal probate is overseen by a judge and involves verifying the decedent’s will, confirming the role of the personal representative (executor), and addressing any challenges that might appear. This method is usually more structured, with clear court involvement at each phase. It begins with filing a petition for a hearing, which sets the stage for the rest of the process.
If you opt for formal probate, be prepared to attend a court hearing where the judge will validate documents, clarify contested details, and rule on other requests. Although this method may take longer, some estates benefit from the extra oversight and clarity offered by the court.
When is Formal Probate Necessary?
There are several situations when formal probate becomes the logical route. A court-supervised approach might be helpful if the estate has several pieces of property or a range of accounts. Disputes between family members, concerns over a missing original will, or competing wills also point to the need for a more thorough court review.
In some instances, formal probate is required if there are doubts about the will’s legality or if the decedent left no valid will at all. Anybody who wants to question an ongoing informal probate can request a switch to formal probate by filing a petition and explaining why further court involvement is needed. On top of that, a court may appoint a Special Personal Representative to handle urgent issues in a formal probate. This route is also used if the petitioner is a creditor or if a public administrator must get involved in the estate.
The Formal Probate Process
The first step is to file a petition with the court, requesting the judge’s approval to open the case. This must include basic details like the date of death, the existence of a will, and a proposed personal representative. Next, heirs, spouses, and other affected parties must receive notice so they have a chance to respond.
A formal notice must also be published at least two weeks before the hearing, giving all interested parties a window to come forward. When the hearing arrives, the judge studies all relevant evidence. If everything is approved, the judge issues an official order, and a personal representative is selected to gather assets, pay creditors, and distribute the remainder as required.
Informal Probate: A Streamlined Approach
Informal probate requires less direct judicial involvement and is often faster. In Massachusetts, a magistrate reviews the submitted forms, so there’s no hearing beforehand in most cases. That means fewer court appearances, reduced legal fees, and fewer delays.
This method often applies to situations where the estate is clear-cut. Those who prefer a simpler path appreciate that an informal probate avoids the lengthy steps of formal court proceedings. However, it’s only an option if the paperwork, including the will, meets certain thresholds set by Massachusetts law.
When is Informal Probate Suitable?
You might rely on informal probate if the estate lacks family disagreements and the will is on hand and unchallenged. This works well for households where devisees (beneficiaries) get along, the assets are moderate in size, and there are no pressing uncertainties. A properly signed will with no changes or additions helps as well.
If the decedent left no will, an informal process may still be possible, provided the family agrees on who the heirs are. Massachusetts laws set out several requirements for informal probate, including: having the decedent’s official death certificate, ensuring all heirs are known, and confirming that the personal representative qualifies.
Steps in the Informal Probate Process
The informal route starts with filing a streamlined petition before a Massachusetts Uniform Probate Code (MUPC) Magistrate. If the documents meet the filing rules, the magistrate issues an order that appoints a personal representative. That personal representative notifies heirs and creditors, inventories the estate, and pays debts and taxes, all without extensive court hearings.
They then distribute the remaining property as directed by the will or as outlined by intestacy laws. This approach saves time and money, but it does require that everything run smoothly. If conflicts appear or documents are incomplete, the matter often shifts to formal probate.
Advantages and Disadvantages of Each Process
Even though both methods aim to close out an estate, they come with distinct pros and cons. Below is a brief look at how each process measures up.
Formal Probate
Advantage: The court’s constant supervision can be a plus, especially for estates with many moving parts or unsettled legal questions. Disputes are handled through hearings that provide a clear resolution.
Disadvantage: Formal probate can pinch your schedule and finances. A court-centric process means more steps, paperwork, and higher overall costs.
Informal Probate
Advantage: Much of the process can be handled without frequent court appearances, which often speeds things up and keeps fees lower. This works well for families who agree on most details.
Disadvantage: There’s limited court involvement. If arguments erupt or unexpected questions arise about the will, a formal approach to addressing disputes might be necessary.
Choosing the Right Probate Process
Deciding which method works best depends on the estate’s complexity. Informal probate can be appealing if the estate is straightforward and beneficiaries are united in their plans. When a will’s validity is questioned or the estate carries a higher value, more structure in formal probate might help minimize future challenges.
You’ll also want to consider whether anyone is likely to object or if the paperwork is incomplete. A single unanswered concern can push the entire matter into formal probate. However, if you begin with informal probate and realize you need the court’s direction, a petition can be filed to shift the matter to a formal track.
Here’s a quick comparison in table form:
| Feature | Formal Probate | Informal Probate |
| Oversight | Judge-led, with court hearings | Magistrate reviews, no hearings usually required |
| Timeline | Often longer due to hearings and filings | Generally faster since court time is minimal |
| Cost | Higher because of multiple steps | Less expensive in many cases |
| Ideal Use | Contested wills or complex estates | Uncontested, straightforward estates |
This table gives you a broad look at how formal and informal probate differ. Use it as a quick reference when weighing the pros and cons.
Contact Jordan & White, LLC, For Assistance With Probate Matters
We care about providing practical pathways for estate administration, whether you’re handling a modest estate or one that calls for more detailed court assistance. Please call us at 978-744-2811 or visit our Contact Us page to schedule a consultation. We’re ready to talk about probate strategies that make sense for you and your loved ones. Let us help you sidestep confusion and complete the probate process with clear guidance every step of the way.