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When someone loses their spouse, the last thing they want to think about is paperwork or court filings. Understandably, many people assume that everything simply passes to the surviving spouse without any legal steps. While that can be true in some cases, it doesn’t always work that way in Massachusetts. Whether probate is necessary depends on how assets are owned and what planning was—or wasn’t—put in place. In this blog, we’ll help you understand how probate works when there’s a surviving spouse and what you can do to avoid it when possible.
Does Everything Automatically Go to the Surviving Spouse?
In Massachusetts, the answer isn’t always clear-cut. Some assets will pass directly to a surviving spouse, while others may require court involvement.
Assets that typically pass without probate include:
- Property held jointly with rights of survivorship
- Retirement accounts or life insurance policies with a named beneficiary
- Bank accounts with a payable-on-death (POD) designation
However, if your spouse had property in their name alone—such as a car, a checking account, or real estate—those assets may not pass automatically. Unless those items were covered by a will or a trust, the court may need to step in to sort things out.
Even when there is a will, probate is often required to legally transfer sole-owned property to the surviving spouse or other heirs.
When Probate Is Still Required
Probate is the legal process of transferring a deceased person’s property to the people entitled to it. In some cases, even with a surviving spouse, probate still plays a role. Here are a few common examples:
- Sole ownership: If the deceased spouse owned a home, vehicle, or bank account in their name alone, probate is likely needed to transfer title.
- No estate plan: Without a will or trust, Massachusetts’ intestate succession laws decide how the estate is divided—and probate is usually required to apply those rules.
- Outdated beneficiary designations: If a retirement account or life insurance policy doesn’t list a current beneficiary, the funds may end up in probate.
- Real estate complications: If the couple didn’t own property jointly, or if the deed isn’t clear, probate may be needed to confirm ownership.
In these situations, the court process helps ensure assets are properly distributed, even if that means added steps for the surviving spouse.
What Can Help Avoid Probate for a Surviving Spouse?
There are steps you can take to make sure more of your assets pass directly to your loved ones without going through probate. These include:
- Joint ownership: Holding property or bank accounts jointly with rights of survivorship ensures the surviving spouse automatically owns them upon death.
- Designated beneficiaries: Retirement accounts, life insurance, and even some bank accounts let you name beneficiaries. These assets pass directly without probate.
- Revocable living trusts: Placing assets in a trust lets you control how and when property is distributed. Trust assets don’t go through probate.
- Updated documents: Keeping wills, trusts, and beneficiary forms current helps avoid confusion or court intervention later.
Every family’s situation is different, and what works well for one couple may not fit another. We can help you look at your estate as a whole and create a plan that works for your goals.
How We Can Support You Through the Probate Process
If probate is necessary, it doesn’t have to be overwhelming. We’re here to guide you through each step, making sure everything is handled properly and on time.
From filing court documents to preparing the right notices and helping with asset transfers, we’ll be by your side. Our role is to take care of the legal requirements so you can focus on what matters most—taking care of yourself and your family during a difficult time.
We also work to avoid common pitfalls that can delay the process or create problems down the road. Whether you need full assistance or just have questions, we’re here to support you.
Probate Isn’t Always Avoidable—But It Can Be Easier
Having a surviving spouse doesn’t automatically mean probate isn’t required. It depends on how assets are owned and whether there’s a solid plan in place. If you’re unsure what to expect—or want to avoid probate in the future—we can help. At LaFountain & Wollman P.C., we work with families throughout Massachusetts to simplify estate planning and probate. Contact us to schedule a consultation.