What Happens After You File for Probate in Massachusetts
When a loved one passes away in Massachusetts, their estate often needs to go through probate—the court-supervised process of distributing assets, settling debts, and transferring ownership. If you’ve just filed for probate, you may wonder what happens next. This guide explains the probate process in Massachusetts and what executors (also called personal representatives) should expect after filing.
Court Review and Appointment of the Personal Representative
After you file your probate petition with the appropriate Massachusetts Probate and Family Court, the court reviews your documents to ensure they are complete and properly executed. If everything is in order, the court will officially appoint the personal representative—the individual responsible for managing the estate.
Once appointed, the personal representative receives Letters of Authority, which grant legal permission to manage estate affairs, pay debts, and distribute property. The appointment timeline varies by county but usually occurs within a few weeks.
Notifying Heirs, Beneficiaries, and Creditors
The next major responsibility is providing notice. The personal representative must send notice to all heirs and beneficiaries named in the will (or, if none, those entitled under intestacy laws). Additionally, they must publish a legal notice in a local newspaper to alert potential creditors. This ensures transparency and allows anyone with a potential claim to come forward within the legally required time.
Inventorying the Estate
Within three months of appointment, the personal representative must file a complete inventory of the estate, listing all assets and debts. The inventory should include:
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Real estate
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Bank accounts and investments
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Vehicles and personal property
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Outstanding liabilities
This inventory forms the foundation of the probate process, helping determine what’s available to pay debts and distribute to beneficiaries.
Managing and Settling Debts
Before making any distributions, the personal representative must use estate funds to pay:
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Valid creditor claims
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Funeral and administrative expenses
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Taxes, including Massachusetts estate or income tax (if applicable)
Creditors generally have one year from the date of death to file claims. During this period, the representative should maintain detailed records of all payments and communications with creditors.
Distributing Assets to Beneficiaries
After all debts, expenses, and taxes have been paid, the personal representative can distribute remaining assets to beneficiaries. Distributions must follow either the terms of the will or, if there is no will, Massachusetts intestacy laws.
Executors should document each transfer carefully and ensure fair treatment among beneficiaries. Keeping receipts and financial statements is essential to demonstrate accountability.
Closing the Estate
When all debts are settled and distributions complete, the personal representative must file a final account with the court. This report summarizes every transaction made during the probate process. After the court approves the account, the estate can be formally closed.
In Massachusetts, most straightforward cases qualify for informal probate, which often concludes within 6–12 months. Contested or complex estates may take longer and require formal probate with additional court supervision.
Key Executor Duties in Massachusetts
Executors carry significant legal responsibilities, including:
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Safeguarding and managing estate assets
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Paying valid debts and taxes
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Communicating with beneficiaries
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Filing court documents and final tax returns
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Maintaining accurate accounting records
Because these duties involve legal and financial complexity, many executors choose to work with an experienced Massachusetts probate attorney for guidance and compliance.
How Collinson Law Helps Families Through Probate
At Collinson Law, we help families throughout Massachusetts navigate the probate process efficiently and confidently. We handle each stage—from filing petitions and notifying heirs to final accounting—so clients can focus on family and healing.
Our flat-fee probate services provide predictability, transparency, and peace of mind. Whether you need guidance with estate administration, trust management, or MassHealth planning, we ensure your loved one’s estate is settled properly and respectfully. Contact us for questions.
