Can We Skip Probate Entirely In Massachusetts?

Probate has the potential to be a long, complicated process in Massachusetts. You may be wondering: Is it possible to skip probate? The short answer is “it depends.” Some estates may not have to go through the full probate process. Further, there are many specific assets that can skip probate with the proper planning. Here, our Norwood probate and estate administration lawyer explains the key things to know about skipping the probate process in Massachusetts.

Probate is Not Always Required (Some Qualify for Simplified or Voluntary Administration) 

Massachusetts allows certain small or uncomplicated estates to avoid full formal probate. Under Mass. Gen. Laws ch. 190B, § 3-1201, an estate valued under a specific threshold and containing no real estate may qualify for Voluntary Administration. In Massachusetts, the threshold for a “small estate” eligible for the simplified procedure known as voluntary administration is $25,000 or less. The procedure is far less complex: 

• An interested person files a sworn statement, gains limited authority to collect and distribute assets, and closes the estate without court supervision. The process applies only to personal property and only when the decedent left no will or left a will that does not require formal probate. 

For estates that include real property or exceed the voluntary-administration limits, Massachusetts also offers Informal Probate under § 3-301. It is a faster, more efficient process than full probate, though it is not a true bypass. 

Property That Passes Outside of Probate (Non-Probate Assets)

Even when a formal or informal probate is required, many assets transfer outside the probate process entirely. In Massachusetts, common non-probate assets include property held in joint tenancy with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance proceeds with a named beneficiary, and retirement accounts such as IRAs and 401(k)s. These assets pass directly to the beneficiary by operation of law, not under a will and not through the probate court.

Note: Trusts offer another major probate-avoidance tool. When property is placed into a revocable living trust, the successor trustee can administer and distribute the trust property without probate. 

Full Probate Can Only Be Skipped if All Probate Assets Are Planned Around 

For larger estates, you can “skip probate” only if every asset in the estate is structured to transfer outside the probate process. If even one asset remains titled solely in the decedent’s name without a beneficiary, probate becomes necessary to transfer ownership. For example, a home titled only in the decedent’s name requires probate unless it was placed in a trust or held jointly. Likewise, bank accounts without TOD/POD designations must go through probate to be legally transferred. 

We Help Estate Planning and Probate in the Greater Boston Area

At Fisher Law LLC, our Massachusetts estate planning and probate lawyer has the professional expertise that you can trust when it matters most. If you have any questions about probate, we are here as a resource you can trust. Please do not hesitate to contact us today for a strictly confidential case review. With an office in Norwood, we serve communities throughout the broader region.

Source:

malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/ArticleIII/Section3-1201