Estate Administration
Estate administration begins at a difficult moment. You may still be processing a loss while facing unfamiliar legal and financial responsibilities. This page is designed to meet you where you are — with clarity, structure, and steady guidance from our team.
What Is Estate Administration?
Estate administration is the process of handling a decedent’s financial and legal affairs after they pass. It generally includes identifying and collecting assets, paying debts and taxes, and distributing what remains to the appropriate devisees (if there is a will) or heirs at law (if there is no will).
Most families will go through this in some form. It is not limited to large or complex estates. There is a clear path through it, and you do not have to figure it out on your own.
Collect Assets
Identify and gather all estate property and accounts.
Resolve Debts
Pay outstanding obligations and tax liabilities.
Distribute
Transfer remaining assets to rightful heirs and beneficiaries.
Close Estate
File final documents and formally close the estate.
Probate vs. Trust Administration
One of the first questions many families have is whether everything has to go through probate. The path depends on what was owned and how it was titled.
In Massachusetts, probate is the legal process used to transfer certain assets after someone passes. It is not a sign that something went wrong — it is how the system works when assets are held in an individual's name alone.
If a trust was created and properly funded during one's lifetime, many assets may pass outside of probate through trust administration. In some cases, both processes are involved.
| Probate | Trust Administration |
|---|---|
| Court-supervised process for assets held in the decedent's name alone | Private settlement of assets held inside a trust |
| Filed with the Massachusetts Probate and Family Court | No court involvement in most cases |
| The will (if one exists) guides the process | The trust document is the governing guide |
| Typically takes 12–16 months | Often resolves faster than formal probate |
| Handled administratively; rarely requires a court appearance | Handled between the trustee, beneficiaries, and financial institutions |
| Required for real estate and accounts in the decedent's name only | Only applies if assets were properly retitled into the trust |
Do I Need Probate in Massachusetts?
After a loss, one of the first questions families have is whether probate is required. This short quiz walks through the key factors that determine whether estate administration will be needed. If you're not sure how to answer any of the questions, give us a call and we can walk through it with you.
Take the QuizWhat Does Probate Actually Look Like in Massachusetts?
Probate is often more straightforward than people expect. In Massachusetts, most estates do not require a court hearing but are handled through filings, correspondence, and coordination with the Probate Court.
At a practical level, probate is the process of transferring assets from the decedent's name to the appropriate devisees (if there is a will) or heirs at law (if there is no will). You can think of it as the asset's journey — from one name to the next — handled through a structured series of steps.
For most estates, probate takes approximately 12 to 16 months. The timeline can extend in certain situations, such as when there are complex assets, real estate that must be handled through probate, MassHealth claims, or disputes over a will.
Our Process
Each step gives you a clear understanding of what happens next, with steady guidance so you always know where things stand. We handle the legal work so you can focus on your family.
Initial Screening Call
15–30 minutesOur team will speak with you briefly to understand the situation. We will ask whether a will exists, where the person lived, and the general nature of the assets. This helps us determine what type of administration may be needed.
Intake Consultation
30–60 minutesYou will meet with one of our attorneys, in person or virtually, to review what you have gathered and outline the next steps. If more information is needed, we can follow up once you have it.
Filing & Appointment
2–4 weeks after filingWe prepare and file the necessary paperwork with the Massachusetts Probate and Family Court. Once approved, the court issues of Authority, giving the Personal Representative legal authority to act on behalf of the estate.
Asset Inventory
Ongoing, 4–8 weeksWith our guidance, the Personal Representative identifies and gathers estate assets. We work with banks and financial institutions, obtain date-of-death values, and begin transferring assets into the estate.
Creditors & Estate Obligations
Several months after appointmentWe will advise you on any creditors that come forth and address any perfected claims. This includes reviewing debts, and addressing MassHealth recovery claims if they apply. These obligations must be resolved before assets can be distributed.
Some estates may also have tax filing requirements with specific deadlines. We coordinate with your CPA or tax professional to determine what is required and ensure those deadlines are addressed.
Distribution & Closing
12–16 months from startOnce everything has been resolved, the remaining assets are distributed to the devisees (if there is a will) or heirs at law (if there is no will) according to the will or Massachusetts laws of intestacy. We will prepare and file the closing documents with the probate court and formally close the estate.
With a Will vs. Without a Will
Whether a will exists shapes how estate administration moves forward. Choose the situation that fits what you are dealing with right now.
What Happens
A will provides direction for how the estate should be handled, but there is still a legal process that needs to take place.
- The will outlines how assets should be distributed
- It names the person responsible for handling the estate (called the Personal Representative once appointed)
- That person must be formally appointed by the Massachusetts Probate and Family Court
- Assets held in the decedent's name alone typically go through probate
What to Do Now
- Locate the original, signed will
- Identify the named Personal Representative
- Begin gathering information about accounts, property, and assets
- Hold off on accessing or transferring assets until authority is granted
What Happens
If no will is found, the estate is handled under Massachusetts intestacy laws, which provide a default structure for how everything is managed.
- Massachusetts law determines who inherits and who has priority to serve as Personal Representative
- The court must formally appoint the Personal Representative before any action can be taken
- Assets held in the decedent's name alone still go through probate
- Assets are distributed according to a fixed formula based on family relationships
What to Do Now
- Identify close family members and potential heirs
- Begin gathering information about assets and property
- Do not access accounts or transfer assets prematurely
- Prepare for a Personal Representative to be appointed by the court
Probate Glossary
Common probate terms explained in plain language.
Support for Grieving Families
Estate administration does not happen separately from everything else you are experiencing. It often begins during a time of loss, when decisions need to be made at a time that does not feel practical or well-timed. We understand that the legal process and the personal process unfold together.
Our team is trained to work with families during this stage of life. We take a steady, thoughtful approach — starting with listening. We explain what needs to happen in plain language, outline next steps clearly, and adjust the pace based on what feels manageable for you.
Some families are ready to move forward quickly. Others need more time. Both are okay, and we plan accordingly.
Community Support Resources
We can help connect you with local grief support services and counselors in the communities we serve:
This is personal. The way we communicate, the way we guide you, and the way we support your family all reflect that.
Estate Administration Resources
Common questions and deeper guides to help you understand what to expect at each stage.