The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Massachusetts with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Massachusetts reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Massachusetts probate pages.
Massachusetts probate fees
| Item | Massachusetts |
|---|---|
| Court filing fee | Massachusetts sets no probate filing fee by statute; the fee is set by the Probate and Family Court's own schedule, which we have not read at source, so no figure is stated here. Certified copies, citation publication, and a surety bond where one is required are charged separately, and no figure is stated for those either. |
| Attorney fees | Not statutory. Massachusetts has no percentage fee schedule. |
| Executor / personal representative fees | Not statutory. Under M.G.L. c. 190B, §3-719, the personal representative is entitled to 'reasonable compensation' for services rendered — there is no California-style percentage commission. The Probate and Family Court can review compensation for reasonableness if an interested person objects. |
| Fee basis | reasonable |
Worked example
Massachusetts sets no fixed commission. A family member serving may waive the fee; a professional fiduciary bills hourly; and the probate court reviews the amount for reasonableness. No published source is cited here for what a reasonable fee works out to on an estate of a given size.
Massachusetts thresholds and deadlines
| Item | Massachusetts |
|---|---|
| Small-estate threshold | Voluntary administration is available when the decedent's total personal property is $25,000 or less, excluding the value of one motor vehicle, and at least 30 days have passed since death, under M.G.L. c. 190B, §3-1201. It does not cover real estate. |
| Creditor claim period | A personal representative is not held to answer an action by a creditor of the deceased unless the action is COMMENCED within one year after the date of death and, before that year expires, one of three things has happened: the process has been served by delivery in hand on the personal representative, service has been accepted by them, or a notice stating the name of the estate, the creditor's name and address, the amount of the claim and the court in which the action was brought has been filed with the register (M.G.L. c. 190B, §3-803(a)). Massachusetts runs no notice to creditors — §3-801, the section the Uniform Probate Code uses for that, reads "Reserved" — so nothing the personal representative does moves the date. A trustee of a trust whose assets are reachable by the decedent's creditors is held to the same period and manner (§3-803(b)), and a claim barred by the statute of the decedent's domicile before the Massachusetts limitation runs is barred here too (§3-803(c)). |
| Statutory floor (creditor period) | A personal representative is not held to answer an action by a creditor of the deceased unless the action is COMMENCED within one year after the date of death and, before that year expires, one of three things has happened: the process has been served by delivery in hand on the personal representative, service has been accepted by them, or a notice stating the name of the estate, the creditor's name and address, the amount of the claim and the court in which the action was brought has been filed with the register (M.G.L. c. 190B, §3-803(a)). Massachusetts runs no notice to creditors — §3-801, the section the Uniform Probate Code uses for that, reads "Reserved" — so nothing the personal representative does moves the date. A trustee of a trust whose assets are reachable by the decedent's creditors is held to the same period and manner (§3-803(b)), and a claim barred by the statute of the decedent's domicile before the Massachusetts limitation runs is barred here too (§3-803(c)). |
| Transfer-on-death deed | Massachusetts does NOT have a transfer-on-death (beneficiary) deed for real estate. Unlike roughly 30 other states, Massachusetts does not recognize TOD deeds, so owners who want to pass real estate outside probate use a revocable living trust or joint ownership with right of survivorship. TOD/POD designations remain available for bank and brokerage accounts, just not for real estate deeds. |
What passes outside Massachusetts probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Massachusetts does NOT have a transfer-on-death (beneficiary) deed for real estate. Unlike roughly 30 other states, Massachusetts does not recognize TOD deeds, so owners who want to pass real estate outside probate use a revocable living trust or joint ownership with right of survivorship. TOD/POD designations remain available for bank and brokerage accounts, just not for real estate deeds.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: M.G.L. c. 190B, §3-719 (reasonable compensation); M.G.L. c. 190B, §3-803 (one-year creditor limitation); M.G.L. c. 190B, §3-1201 (voluntary administration); M.G.L. c. 203E (Massachusetts Uniform Trust Code); M.G.L. c. 65C (Massachusetts estate tax)
- State authority: Massachusetts Court System / Massachusetts General Laws (malegislature.gov)
- Executor fees: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-719
- Creditor claim period: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-803
- Court filing fees: https://www.mass.gov/info-details/probate-and-family-court-filing-fees
- Small-estate procedure: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-1201
- estateTax: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter65C/Section2A
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Massachusetts court before relying on it.
The full Massachusetts guides
- How Much Does Probate Cost in Massachusetts? — the full cost breakdown.
- How Much Does an Executor Get Paid in Massachusetts? — the fee rule in detail.
- How Long Does Probate Take in Massachusetts? — the timeline and its statutory floor.
- Executor Deadlines in Massachusetts — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Massachusetts — the transfers that pass outside it.
- How Much Does a Will Cost in Massachusetts? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out Massachusetts probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Massachusetts courts or a licensed Massachusetts attorney.