Category: Probate

When a loved one passes away, settling their estate often requires probate. Families in Massachusetts frequently ask the same question: how long will this process take? The answer depends on the type of probate, the complexity of the estate, and whether disputes arise. While some estates can be wrapped up in months, others may take years. Below, we explain typical timelines, what can slow things down, and how to move the process along.

Typical Probate Timelines in Massachusetts

Massachusetts offers two main probate options: informal and formal.

• Informal probate: Generally, the faster route. With no disputes and straightforward assets, the process may take 6 to 12 months from filing to closing.
• Formal probate: Required when the court must oversee issues such as contested wills, complicated asset transfers, or unclear heirs. These cases often last a year or more, with some extending past two years if litigation is involved.

Keep in mind that creditors have one year from the date of death to bring claims against the estate. Even in simple cases, many estates are kept open for at least a year to account for this period.

What Can Slow Probate Down?

Several factors commonly extend the timeline:

• Will contests: If someone challenges the validity of the will, the probate court must resolve the dispute before assets can be distributed. This may involve witness testimony, handwriting analysis, or extended hearings.
• Complex assets: Real estate in multiple states, closely held businesses, or valuable collections require appraisals and careful handling, all of which add time.
• Creditor claims: When significant debts exist, the court must ensure that they are paid in the proper order before distributing assets to heirs. Contested claims can lead to further delays.
• Missing or disputed heirs: If heirs cannot be located or relationships must be verified, the process stalls until those issues are resolved.
• Tax matters: Federal estate tax returns, if required, can take months to prepare and review. Even routine income tax filings for the deceased and the estate can create bottlenecks.

Tips to Help Expedite Probate

Probate will always require time, yet the right preparation can reduce unnecessary delays:

• File promptly: Submitting the petition for probate as soon as possible starts the process earlier.
• Stay organized: Gather financial statements, deeds, insurance policies, and tax returns in advance to avoid scrambling for documents later.
• Communicate with heirs: Clear communication reduces the risk of disputes and misunderstandings.
• Consider informal probate: If eligible, informal probate is usually faster and less expensive.
• Work with experienced counsel: Having legal guidance helps ensure filings are correct the first time and deadlines are not missed.

How We Can Help

Probate can feel drawn out, but you do not have to manage it alone. At LaFountain & Wollman, P.C., we guide Massachusetts families through both informal and formal probate, addressing disputes, handling creditor claims, and ensuring that estates are settled correctly. By helping you stay organized and anticipating obstacles, we can often prevent minor issues from becoming significant delays.

FAQ Section

Is every estate in Massachusetts required to go through probate?

Not always. Small estates may qualify for simplified procedures, and assets with designated beneficiaries or jointly owned property can transfer outside of probate.

Can heirs receive any money before probate is finished?

Yes, in some cases. The court may allow partial distributions once debts and taxes are addressed, but the bulk of assets are usually withheld until the estate closes.

What happens if someone dies without a will in Massachusetts?

The estate still goes through probate, but Massachusetts intestacy laws decide who inherits. This typically means assets pass to a spouse, children, or other close relatives.

Guiding Families Through Probate in Massachusetts

Most probate cases in Massachusetts take 6 months to 2 years, depending on the circumstances. While will contests, complex assets, and creditor claims can extend the process, there are also practical ways to reduce delays. If you are facing probate and want to avoid unnecessary setbacks, we will help you protect your family’s interests and guide you through the probate process.

Contact LaFountain & Wollman, P.C. today to schedule a consultation and learn how we can support you during probate.

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