How to File a Will in Massachusetts: Forms, Fees, and Deadlines

To file a will in Massachusetts, deliver the original document to the Probate and Family Court in the county where the deceased lived and submit a petition asking the court to accept the will and appoint a personal representative to handle the estate. Anyone with custody of the will must turn it over within 30 days of learning of the death, and the petition itself must be filed within three years. Which forms you use, what you pay, and how long it takes depend on which of three probate tracks fits the estate.

Where to File and Who Can File

File in the Probate and Family Court for the county where the deceased was living at the time of death. If the deceased lived outside Massachusetts but owned property here, file in the county where that property sits.

The person named as executor in the will (Massachusetts calls this role the “personal representative”) is the usual filer, but any “interested person” can start the case: a surviving spouse, an heir, a beneficiary named in the will, or a creditor. The personal representative has to be at least 18 and mentally competent. If you were named in the will and don’t want to serve, you can decline, and the court will look at other candidates in the order set by statute.

The 30-Day Duty to Hand Over the Will

If you are holding a deceased person’s original will, Massachusetts law requires you to deliver it within 30 days of learning about the death, either to someone who can get it probated or directly to the court. Willfully sitting on the document exposes you to liability for damages caused by the delay, and the court can hold you in contempt if you ignore an order to produce it.1General Court of Massachusetts. Massachusetts General Laws Chapter 190B Section 2-516

This deadline is only about getting the physical will into the right hands. You have longer to prepare and file the full petition.

Choosing the Right Probate Track

Three tracks exist. Which one applies depends on the size of the estate, whether the will is clean and uncontested, and whether every interested person is an adult who can be located.

Voluntary Administration for Small Estates

If the estate is only personal property worth $25,000 or less (a car doesn’t count against the cap), you can use voluntary administration instead of full probate. You have to wait at least 30 days after the death to file. The fee is $115, and the paperwork is much lighter than the other tracks.2Mass.gov. Instructions for Voluntary Administration with or without a Will (MPC 961) Estates that include any real estate don’t qualify, no matter the total value.

Informal Probate

Informal probate is the faster route for uncontested estates. It fits when the original will has no cross-outs or handwritten changes, every heir and beneficiary is identified, everyone involved is an adult and competent, and nobody objects. After giving seven days’ written notice to all interested parties, you can submit the petition and often get the appointment without a court hearing.3Mass.gov. File an Informal Probate for an Estate

Formal Probate

Formal probate involves a court hearing and is required in specific situations: the original will is lost or damaged, the will has handwritten alterations, an heir can’t be located, a beneficiary is a minor or incapacitated, someone plans to contest the will, or the estate includes registered land. The court issues a citation ordering notice to all interested parties and sets a return date for objections before it will act on the petition.4Mass.gov. Instructions for Formal Probate with or without a Will (MPC 963) Plan on two to three additional months compared to informal probate.

Forms, Fees, and What to Bring

For informal probate, bring the original will, a certified copy of the death certificate, and these forms:

  • MPC 150, Petition for Informal Probate of Will and/or Appointment of Personal Representative
  • MPC 162, listing the surviving spouse, children, and heirs at law (everyone who would inherit if there were no will)
  • MPC 163, listing the devisees (everyone named in the will)

Formal probate uses MPC 160 as the main petition in place of MPC 150, but you still file MPC 162 and MPC 163 along with the original will (or a copy plus an explanation if the original isn’t available).4Mass.gov. Instructions for Formal Probate with or without a Will (MPC 963)

Filing costs $375 for either informal or formal probate, plus a $15 surcharge.5Mass.gov. Probate and Family Court Filing Fees Publication costs are separate and go directly to the newspaper.

Notice Before and After Filing

Notice comes in two layers, and the petitioner handles both.

Before you file an informal petition, send written notice at least seven days ahead of time to all heirs, all beneficiaries named in the will, and anyone with an equal or prior right to serve as personal representative. Regular mail is fine. File a certificate with the court confirming you sent it.6General Court of Massachusetts. Massachusetts Code 190B 3-306 – Informal Probate; Notice Requirements

Once the court allows the informal probate, you have 30 days to publish a notice once in a newspaper designated by the register of probate for the county where the case is pending.7Mass.gov. Instructions to Petitioner for Informal Probate Publication Notice The court gives you a sample form (MPC 551), but arranging and paying for publication is on you. For formal probate, the court issues a citation that includes notice instructions and a return date.

What Happens After the Court Appoints You

Once you’re appointed, you’re a fiduciary. That means a legal duty of loyalty and care to the estate and its beneficiaries in everything you do. The main jobs come in a rough order.

Bond

A bond is always required. The expensive part, the surety, can be waived if the will says so, if all beneficiaries agree in writing, or if the court finds it unnecessary.8Mass.gov. Massachusetts General Laws c.190B 3-603 Most well-drafted wills include surety waiver language. Without it, you’ll buy a surety bond and the premium comes out of estate funds.

Inventory

Within three months of appointment, prepare a detailed inventory of everything the deceased owned at the time of death, using fair market values as of the date of death.9General Court of Massachusetts. Massachusetts General Laws Chapter 190B Section 3-706 Then either file the inventory with the court or mail copies to all interested persons whose addresses you can reasonably find. Doing neither is grounds for removal.10Mass.gov. MUPC Estate Administration Procedural Guide – Inventorying, Accounting and Closing the Estate

Debts, Taxes, and an EIN

Pay valid debts, funeral expenses, and administration costs out of estate funds. Creditors have a limited window to file claims, and you can reject ones you believe invalid. You’ll also need to file the deceased’s final income tax return.

For Massachusetts estate tax, a return is required when the gross estate exceeds $2,000,000 for anyone who died on or after January 1, 2023, and both the return and any tax owed are due nine months after the date of death.11Mass.gov. Massachusetts Estate Tax Guide The threshold used to be $1,000,000, and some older materials still cite that figure. The federal estate tax exemption for 2026 is $15,000,000 per person, so most estates owe nothing at the federal level, but Massachusetts applies its tax independently.12Internal Revenue Service. What’s New – Estate and Gift Tax

You’ll need an Employer Identification Number (EIN) for the estate to file returns and open an estate bank account. It’s free from the IRS on Form SS-4.13Internal Revenue Service. Information for Executors

Distribution

After debts and taxes are settled, distribute what remains as the will directs. Some actions, like selling real estate, may require court approval depending on the will’s terms and whether you were appointed with full or limited authority. Keep detailed records of every transaction; they protect you personally if a beneficiary later questions your decisions.

Deadlines to Track

Missing dates in probate creates real problems. The ones that trip people up:

Missing the three-year deadline doesn’t necessarily end things, but it sharply limits what a personal representative can do: mainly confirming title for those who inherit, with no authority to collect estate assets or pay non-administrative claims.