How Long Do You Have to File Probate After Death in Massachusetts?

The primary legal basis for the probate filing deadline in Massachusetts is found in Section 3-109 of Chapter 190B, which states, “A will shall be probated within 3 years after the death of the testator.” This section explicitly sets a 3-year limit from the date of death for probating a will, meaning the initial step of having the will admitted to probate by the court must be completed within this period.

Legal Basis

This timeline is outlined in the Massachusetts General Laws, Chapter 190B, Section 3-109, which states a will must be probated within 3 years after death. State resources, like Mass.gov, confirm this applies to all estates needing probate.

What Does This Mean for You?

If you’re handling an estate, ensure you start the probate process within 3 years to avoid legal issues. Note that creditors have a separate 1-year window to make claims, but this doesn’t change the 3-year filing deadline for probate.

Understanding the Massachusetts Probate Timeline

1. The Three-Year Deadline Rule

Massachusetts law (Mass. Gen. Laws Ch. 190B, §3-108) allows a maximum of three years from the date of death to file for probate. However, this general rule comes with exceptions and risks:

• If probate is not filed within this period, the ability to administer the estate through traditional probate may be lost.
• The court may allow a late and limited administration only if specific conditions apply.

2. When Should You File Probate?

Although you technically have three years, most probate cases should be filed within a few months after death for practical reasons:

• Creditors have claims against the estate that need to be resolved.
• Real estate or financial assets may need legal authority for transfer.
• Delays can cause family disputes, tax penalties, and loss of control over estate assets.
• Some assets may become subject to unclaimed property laws if not addressed promptly.

3. Exceptions to the Three-Year Rule

There are exceptions where courts may allow late probate filings:

• Discovery of a will after the deadline: If a valid will is found posthumously, a court may allow probate under special circumstances.
• Misrepresentation or fraud: If the failure to file was due to fraudulent concealment, the court may grant an extension.
• Estates with ongoing litigation: If disputes over assets, guardianship, or business holdings exist, the probate court may allow additional time.

Related article for you:
Probate Lawyer vs. Estate Lawyer, What’s the Difference & Who Do You Need?

Types of Probate in Massachusetts and Their Timelines

Massachusetts offers different probate processes, each with varying timelines.

1. Informal Probate (Faster Process) – Typically 3 to 9 Months

• Suitable for uncontested estates with clear beneficiaries and no disputes.
• Requires filing a petition with the Probate and Family Court.
• Can be completed in less than a year if there are no complications.

2. Formal Probate (Longer Process) – Can Last Over a Year

• Required when disputes exist, multiple heirs contest assets, or complex estates require legal adjudication.
• Can take 12-24 months depending on complexity and court backlog.

3. Voluntary Administration (Small Estates) – Can Be Settled Within Weeks

• Applies when estates are worth $25,000 or less (excluding the car) and there is no real estate.
• A simplified probate process allows an heir to quickly settle assets and debts.

What Happens If You Miss the Probate Deadline?

Missing the three-year deadline can cause significant legal consequences, including:

• Loss of the right to distribute estate assets through probate.
• The estate’s assets being transferred under intestacy laws (if no will exists).
• Claims from creditors or government agencies for unpaid taxes or debts.
• Delays in distributing inheritances, causing financial strain on beneficiaries.

Massachusetts Probate Court Backlogs and Local Statistics

Recent reports indicate that Massachusetts probate courts are experiencing delays, particularly in counties with high caseloads like Middlesex, Suffolk, and Worcester. On average:

• Informal probate cases take 3-9 months.
• Formal probate cases take 12-24 months due to judicial backlogs.
• Over 60% of probate filings in Massachusetts involve real estate, requiring additional legal steps.

This means filing as soon as possible is crucial to avoid unnecessary delays.

Steps to File Probate in Massachusetts

To file for probate within the legal timeframe, follow these steps:

1. Determine If Probate Is Necessary

• Probate is required for assets solely in the deceased’s name.
• Assets with named beneficiaries (e.g., life insurance, retirement accounts) typically bypass probate.

2. Gather Essential Documents

• Death certificate
• The original will (if applicable)
• List of estate assets and debts
• Contact information of heirs and beneficiaries

3. File Probate Petition with the Court

• Submit a petition to the Massachusetts Probate and Family Court in the county where the deceased lived.
• Pay court filing fees (typically between $150 – $400 depending on estate complexity).

4. Notify Creditors and Beneficiaries

• Creditors must be given time (typically one year) to make claims against the estate.
• Beneficiaries and heirs must be formally notified of probate proceedings.

5. Distribute Assets and Close the Estate

• Pay debts and taxes.
• Distribute remaining assets to heirs per the will or Massachusetts intestacy laws.
• File a final accounting with the court to officially close probate.

FAQs

Can probate be filed after three years in Massachusetts?

While rare, courts may allow late probate filings under special circumstances such as fraud, misrepresentation, or new evidence of a will.

What happens if no one files probate?

If no probate is filed, estate assets may remain inaccessible, beneficiaries may lose their inheritance, and creditors can pursue claims against any known assets.

Does Massachusetts have a small estate exemption?

Yes. If the estate is valued at $25,000 or less (excluding the car), heirs can file for Voluntary Administration, which bypasses lengthy probate proceedings.

What are the probate court fees in Massachusetts?

Filing fees range from $150 to $400, depending on the estate’s complexity and the type of probate filed.

How long does probate take in Massachusetts?

• Informal probate: 3-9 months
• Formal probate: 12-24 months
• Small estates (Voluntary Administration): A few weeks

Final Thoughts Don’t Delay Probate Filing

Filing for probate in Massachusetts within the three-year window is essential to ensure a smooth estate administration process. While the law provides a generous timeframe, delays can result in legal challenges, creditor claims, and financial hardship for beneficiaries. If you’re unsure about the process or facing complications, consulting a Massachusetts probate attorney can help you handle the legal requirements efficiently.

Start the probate process early to protect estate assets and avoid unnecessary legal hurdles.