1
Did the person who passed own real estate in Massachusetts in their name alone?
2
Was there a living trust in place, and were all the decedent's assets properly transferred into it?
Yes — a trust exists and all assets were retitled into it
No trust, or a trust exists but assets were not retitled
3
Did they have bank accounts, investment accounts, or other financial accounts with no named beneficiary and no joint owner?
No — all accounts had a named beneficiary or joint owner
4
What is the approximate total value of assets held in the person's name alone?
Not in a trust, not jointly owned, and with no named beneficiary.
$25,000 or less (one vehicle may be excluded)
5
Did the person leave a will?
Probate is likely required
Based on your answers, probate will likely be required.
When real estate or financial accounts are held in a person's name alone, without a trust, joint owner, or named beneficiary, those assets need to go through the Massachusetts probate process before they can be transferred to heirs or beneficiaries. This is standard, and there is a clear path forward.
Most estates take at least 9 to 12 months to complete, and more complex situations can take longer. We can help you file with the Probate and Family Court, manage creditor obligations, and guide the distribution of assets.
Regarding the absence of a will
Because there is no will, Massachusetts intestacy law will determine who inherits and who has priority to serve as Personal Representative, typically starting with a spouse, then children, then other close relatives. The probate process is the same, but the distribution follows a fixed formula set by state law rather than written instructions.
This quiz is for general informational purposes only and does not constitute legal advice. Every estate is different. We can help you understand what applies to your specific situation.
Simplified administration may apply
You may qualify for Massachusetts voluntary administration.
Massachusetts offers a simplified probate option called voluntary administration for estates where the total individually owned personal property is $25,000 or less (excluding one vehicle). If your situation fits that threshold and there is no real estate held in the decedent's name alone, the process is shorter and less involved than standard probate.
We can confirm whether you qualify and help you take the right next steps.
Regarding the absence of a will
Because there is no will, Massachusetts intestacy law will determine who inherits and who has priority to serve as Personal Representative, typically starting with a spouse, then children, then other close relatives. The probate process is the same, but the distribution follows a fixed formula set by state law rather than written instructions.
This quiz is for general informational purposes only and does not constitute legal advice. Every estate is different. We can help you understand what applies to your specific situation.
Probate may not be needed
Based on your answers, probate may not be required.
When assets pass through a properly funded trust, or when all accounts have named beneficiaries or joint owners, they typically transfer outside of probate. If that describes this estate, the process may be handled through trust administration or direct transfers to beneficiaries rather than through the courts.
Even when probate is not required, there are still steps to take, including notifying financial institutions, managing distributions, and addressing any tax obligations. We can walk you through what comes next.
This quiz is for general informational purposes only and does not constitute legal advice. Every estate is different. We can help you understand what applies to your specific situation.
