Probate Attorney · Westborough, MA
Probate Guidance for Massachusetts Families
Settling a loved one's estate is hard enough without the added burden of grief. Attorney Rosenfield guides personal representatives and families through every step of probate and estate administration, in full compliance with Massachusetts law.
For nearly 30 years, Attorney Todd Rosenfield has helped families throughout Westborough, Worcester County, and MetroWest Boston with clear, compassionate guidance.
Understanding Probate
What Is Probate in Massachusetts?
Probate is the court-supervised process of transferring a deceased person's property to their rightful heirs and beneficiaries. Along the way, the court makes sure valid debts and taxes are paid before assets are distributed, and provides a forum for resolving any disputes among family members or other interested parties.
Probate can be complex, time-consuming, and costly, depending on the size of the estate, whether there's a valid Will, and the number of creditors and heirs.
Probate is handled by the Probate and Family Court in the county where the person lived.
Who Needs Probate?
When Assets Pass Outside of Probate
Probate may be needed whether or not the person left a Will, typically when they owned assets in their name alone. Some assets, however, pass outside of probate:
Jointly Owned Property
Property owned jointly with rights of survivorship, such as a joint bank account, passes automatically to the surviving owner.
Beneficiary Designations
Life insurance, retirement accounts, and other assets with a named beneficiary pass directly to that beneficiary.
Trust Assets
Property held in a properly funded trust, such as a Revocable Living Trust, passes according to the trust's terms.
Small Estates
Estates of $25,000 or less (not counting a car) with no real estate may qualify for voluntary administration, a simplified filing with the Probate and Family Court.
Types of Probate
The Main Types of Probate in Massachusetts
Informal Probate
A simpler process handled by a court magistrate without a hearing, generally available when the Will (if any) is uncontested, the heirs are known, and no one objects.
Formal Probate
A more comprehensive process decided by a judge, used when there's a dispute, a question about the Will, unknown heirs, or other issues that need the court's involvement.
Voluntary Administration
A simplified filing for small estates of $25,000 or less (not counting a car) with no real estate, without the appointment of a personal representative.
Late and Limited Formal Probate
A limited proceeding available when probate begins more than three years after the date of death, used for specific purposes such as determining heirs or confirming title to property.
What's Involved
The Steps in a Typical Probate
Every probate is unique, but most follow these general steps:
01
File a Petition
A petition is filed with the Probate and Family Court, usually with the original Will (if any) and a certified death certificate.
02
Give Notice
Heirs, beneficiaries, and other interested parties receive notice, and notice is generally published so others have an opportunity to object.
03
Appoint a Personal Representative
The court appoints a personal representative, often the person named in the Will, who may need to post a bond.
04
Inventory the Estate
The personal representative locates, secures, and values the estate's assets and prepares an inventory.
05
Pay Debts and Taxes
Creditors are notified, valid claims are paid, and final income tax and any estate tax returns are filed.
06
Distribute and Close
Remaining assets are distributed to the beneficiaries, an accounting is provided, and the estate is closed.
How We Help
Guidance for Personal Representatives
Attorney Rosenfield advises personal representatives (executors) so they understand their duties and carry them out diligently, following the instructions in the Will. He also guides families through probate when a loved one has passed away without a Will.
Whether you've already been appointed or need help obtaining the appointment, you'll have dedicated support at every step. And if your loved one had a trust, Attorney Rosenfield also guides successor trustees through trust administration. For a practical checklist, see our guide, What to Do When a Loved One Dies.
Planning ahead for your own family? Much of our practice is devoted to helping clients avoid probate altogether. See how a Will compares to a Trust.
Next Steps
Explore Your Options
Trust Administration →
Guidance for successor trustees.
Revocable Living Trusts →
Help your own family avoid probate.
Will vs. Trust →
A side-by-side comparison of your options.
Estate Planning →
Wills, trusts, and incapacity planning.
Frequently Asked Questions
Questions About Probate
How long does probate take in Massachusetts?
Every estate is different, but probate in Massachusetts often takes 12 to 18 months or more, depending on the type of probate, the size and complexity of the estate, creditor claims, tax filings, and whether any disputes arise.
How much does probate cost?
Costs depend on the size and complexity of the estate, the type of probate, court filing fees, any required bond, appraisals, and professional fees, and they can be significant. Attorney Rosenfield will explain what to expect for your situation.
Where do I file for probate?
Probate is generally filed in the Probate and Family Court for the county where the person lived. You can find Probate and Family Court locations on Mass.gov.
When should probate be filed?
As soon as practical after the death, unless there's a good reason to wait. Most probate proceedings must begin within three years of the date of death, after which a more limited process applies.
Do I need an attorney for probate?
It isn't legally required, but probate involves court filings, notices, deadlines, creditor claims, and tax decisions that can carry personal responsibility for the personal representative. Having an attorney guide you helps you fulfill your duties correctly and with less stress.
Your Probate Attorney
Todd Rosenfield, Esq.
Estate Planning, Elder Law & Probate Attorney · Socius Law Firm
Todd Rosenfield has advised Massachusetts families on estate planning and probate since 1997. From the firm’s Westborough office, he focuses his practice on estate planning, elder law and MassHealth planning, and probate for families throughout Worcester County and MetroWest. Read Todd’s full bio.
Areas We Serve
Probate Attorney Serving Nearby Towns
From our Westborough office, we help families throughout Central Massachusetts and MetroWest. Choose your town to learn more.
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You Don't Have to Do This Alone
Schedule a free consultation, and Attorney Rosenfield will explain the process, answer your questions, and guide you from the first filing to the final distribution.