LAW OFFICES OF

Boyd & Boyd, P.C.

PROBATE · KNOW WHAT NEEDS TO HAPPEN NEXT.

Understand whether probate is needed, who can act for the estate, and how property, debts, and taxes should be handled. Give your family a clear starting point for the work ahead.

Probate is the court process used to establish authority and transfer estate property after a death. Whether it is needed depends on ownership and the tasks required—not simply the family’s total wealth.

Assets held only in the deceased person’s name without an effective transfer arrangement commonly require probate. Qualifying survivorship ownership, beneficiary designations, and trust ownership may transfer assets outside that process.

Massachusetts court guidance explains that probate depends on how property was owned. An individually owned account may need probate authority, while an asset with a valid beneficiary designation or qualifying survivorship ownership may pass directly.

That is why the first step is to review the ownership records. Locate the will, trust, deeds, and account information before assuming that one document controls everything.

Choose a question. The cards below will adapt to the concern you select.

YOUR QUESTION, ANSWERED

Start With How the Assets Were Owned.

Probate is the court process used to establish authority and transfer estate property after a death. Whether it is needed depends on ownership and the tasks required—not simply the family’s total wealth.

Assets held only in the deceased person’s name without an effective transfer arrangement commonly require probate. Qualifying survivorship ownership, beneficiary designations, and trust ownership may transfer assets outside that process.

YOUR FAMILY’S FUTURE

An account-by-account review helps your family separate what can transfer directly from what needs court authority.

THE DETAIL THAT MATTERS

Gather ownership records and beneficiary information. Do not assume every asset follows the will or that every jointly held asset transfers the same way.

YOUR NEXT DECISION

Discuss the estate’s assets, ownership, and documents so the necessary process can be evaluated.

YOUR QUESTION, ANSWERED

A Will Gives Instructions. Probate Gives Authority to Carry Them Out.

A will does not, by itself, avoid probate. It provides instructions for probate property and may nominate a personal representative; the applicable court process establishes the will’s status and the representative’s authority.

Without a valid will, Massachusetts intestacy rules determine who inherits probate property. Beneficiary designations, trust provisions, and survivorship rights may govern other assets.

YOUR FAMILY’S FUTURE

Clear documents help, but your family still needs to understand which instructions apply to which property.

THE DETAIL THAT MATTERS

Locate the original will and identify the family relationships relevant to the estate. A missing will or uncertainty about heirs can affect the proceeding.

YOUR NEXT DECISION

Discuss the will, family circumstances, and the property that may need probate.

YOUR QUESTION, ANSWERED

Choose the Process That Fits the Estate.

Informal probate is an administrative proceeding handled by a magistrate when its requirements are met. Formal probate involves a judge and may be needed when questions or circumstances require a court determination.

Massachusetts also offers voluntary administration for eligible small estates. It generally requires Massachusetts residency at death, only probate personal property worth $25,000 or less excluding a car, at least 30 days since death, an eligible applicant, and no pending probate or appointment proceeding. Probate real estate is not eligible.

YOUR FAMILY’S FUTURE

The right process depends on more than whether relatives agree or the estate seems small.

THE DETAIL THAT MATTERS

Review the assets, original documents, heirs, and any need for a judicial determination. Late filings can require a different procedure.

YOUR NEXT DECISION

Discuss the estate’s property and circumstances before choosing a filing procedure.

YOUR QUESTION, ANSWERED

The Appointment Comes With Responsibilities.

The personal representative collects and manages estate assets, addresses valid debts and expenses, coordinates required tax work, and distributes property to the people entitled to it. The role requires acting as a fiduciary.

Being named in the will does not itself complete the court appointment. The representative must follow the applicable appointment, notice, recordkeeping, and administration requirements.

YOUR FAMILY’S FUTURE

A responsible representative needs access to records, a clear task list, and a way to communicate progress.

THE DETAIL THAT MATTERS

Confirm the authority granted, any court restrictions, and who will handle each task. Keep records of receipts, expenses, decisions, and distributions.

YOUR NEXT DECISION

Discuss the appointment status, documents, and administration work that needs to be completed.

YOUR QUESTION, ANSWERED

Getting Appointed and Finishing the Estate Are Different Milestones.

There is no single completion time for every estate. Court filings, notice requirements, asset sales, tax work, creditor issues, and disputes can affect the schedule.

An informal appointment may happen relatively early, but that does not mean the estate can immediately be closed. The applicable closing procedure has its own conditions, including administration and creditor requirements.

YOUR FAMILY’S FUTURE

A realistic timeline helps relatives plan without treating an early appointment as a promise of immediate inheritance.

THE DETAIL THAT MATTERS

Separate appointment, asset collection, tax filings, distribution, and closing. Ask which unfinished items are controlling the schedule.

YOUR NEXT DECISION

Discuss the estate’s current stage, upcoming deadlines, and any sale or distribution concerns.

YOUR QUESTION, ANSWERED

Plan the Distribution Around the Estate’s Obligations.

Estate distributions must account for valid claims, administration expenses, taxes, and the rights of those entitled to the property. Premature distributions can create problems for the representative and recipients.

Massachusetts generally applies a one-year period from death to certain creditor actions, with important exceptions and procedural requirements. A family should not treat that general rule as confirmation that every liability has ended.

YOUR FAMILY’S FUTURE

An inheritance should arrive with a clear understanding of what has been paid and what may still need attention.

THE DETAIL THAT MATTERS

Review liabilities, reserves, taxes, and the proposed distribution together. Probate and nonprobate ownership do not, by themselves, answer every tax question.

YOUR NEXT DECISION

Discuss the estate’s claims, expenses, tax work, and proposed distributions.

YOUR QUESTION, ANSWERED

Define the Work Before Committing to the Engagement.

Bring the will and trust documents, a death certificate, family and beneficiary information, asset and ownership records, debt information, and relevant tax records. Additional documents may be needed for real estate, businesses, or disputed matters.

The legal fee depends on the agreed scope and the estate’s circumstances. Court charges, publication, valuation, tax preparation, and other services may involve separate costs. Boyd & Boyd, P.C. explains the proposed legal work and fee before engagement.

YOUR FAMILY’S FUTURE

An organized starting record helps the family understand who will do the work and what it will involve.

THE DETAIL THAT MATTERS

Confirm what the engagement includes: court filings, ongoing administration, tax coordination, distributions, and closing can involve different tasks.

YOUR NEXT DECISION

Discuss the available records and the help you need so we can explain the proposed scope and fee.

IN A REVIEWER’S OWN WORDS

★★★★★ 5-Star Google Review

“Everyone was extremely helpful during the entire process and we feel confident that we have a sensible and comprehensive estate plan.”

— Pamela Gordon

Review excerpts reflect individual experiences and do not guarantee an outcome for another family.

F. Keats Boyd III and Whitney N. Tashjian help families think through important Estate Planning and Wealth Protection Planning decisions. At Boyd & Boyd, P.C., the conversation begins with what you want to protect and what you want the next generation to understand.

Probate is the court process used to establish authority and transfer estate property after a death. Whether it is needed depends on ownership and the tasks required—not simply the family’s total wealth. Assets held only in the deceased person’s name without an effective transfer arrangement commonly require probate. Qualifying survivorship ownership, beneficiary designations, and trust ownership may transfer assets outside that process.

A will does not, by itself, avoid probate. It provides instructions for probate property and may nominate a personal representative; the applicable court process establishes the will’s status and the representative’s authority. Without a valid will, Massachusetts intestacy rules determine who inherits probate property. Beneficiary designations, trust provisions, and survivorship rights may govern other assets.

Informal probate is an administrative proceeding handled by a magistrate when its requirements are met. Formal probate involves a judge and may be needed when questions or circumstances require a court determination. Massachusetts also offers voluntary administration for eligible small estates. It generally requires Massachusetts residency at death, only probate personal property worth $25,000 or less excluding a car, at least 30 days since death, an eligible applicant, and no pending probate or appointment proceeding. Probate real estate is not eligible.

The personal representative collects and manages estate assets, addresses valid debts and expenses, coordinates required tax work, and distributes property to the people entitled to it. The role requires acting as a fiduciary. Being named in the will does not itself complete the court appointment. The representative must follow the applicable appointment, notice, recordkeeping, and administration requirements.

There is no single completion time for every estate. Court filings, notice requirements, asset sales, tax work, creditor issues, and disputes can affect the schedule. An informal appointment may happen relatively early, but that does not mean the estate can immediately be closed. The applicable closing procedure has its own conditions, including administration and creditor requirements.

Estate distributions must account for valid claims, administration expenses, taxes, and the rights of those entitled to the property. Premature distributions can create problems for the representative and recipients. Massachusetts generally applies a one-year period from death to certain creditor actions, with important exceptions and procedural requirements. A family should not treat that general rule as confirmation that every liability has ended.

Bring the will and trust documents, a death certificate, family and beneficiary information, asset and ownership records, debt information, and relevant tax records. Additional documents may be needed for real estate, businesses, or disputed matters. The legal fee depends on the agreed scope and the estate’s circumstances. Court charges, publication, valuation, tax preparation, and other services may involve separate costs. Boyd & Boyd, P.C. explains the proposed legal work and fee before engagement.

Boyd & Boyd, P.C. · Updated October 4, 2026

Boyd & Boyd, P.C. assists families nationwide. Families outside Massachusetts may come to our office to sign, or we may work with co-counsel licensed in their home state. The property, applicable law, and proposed role determine how the work should be structured.

YOUR FREE ESTATE PLANNING STRATEGY SESSION

Discuss the estate’s assets, ownership, and documents so the necessary process can be evaluated.

Discuss what needs court authority, which responsibilities remain, and the professional help needed to move the estate forward.

Your Strategy Session is free. Probate representation, tax preparation, and additional legal work require a separate engagement.

(508) 444-9688 · Tell our team about the estate and the probate question that brought you here.

1555 Iyannough Road, Unit 1BW • Hyannis, Massachusetts 02601

(508) 444-9688 • plan@boydandboydpc.com

© 2026 Boyd & Boyd, P.C.

General information only. Legal advice depends on your circumstances and an attorney-client engagement.