How much does probate cost in Massachusetts?

Massachusetts sets no percentage fee schedule. The personal representative gets reasonable compensation under MUPC (M.G.L. c. 190B, § 3-719), attorney fees are also reasonable, and the court filing fee is $390 ($375 plus a $15 surcharge). Voluntary administration for small estates is $115. Separately, Massachusetts has one of the lowest estate-tax thresholds in the country - $2 million - which is often the biggest cost.

What is the executor fee in Massachusetts?

Massachusetts has no statutory percentage. Under the MUPC (M.G.L. c. 190B, § 3-719) the personal representative is entitled to reasonable compensation, and M.G.L. c. 206, § 16 lets the probate court award what it finds just, based on the estate's size, complexity, time spent, and results. Compensation is commonly in the range of 2-4% of the estate, but it is set case by case, not by a chart.

Does Massachusetts have an estate tax?

Yes. Massachusetts taxes estates above $2 million - one of the lowest thresholds in the US, not portable between spouses (M.G.L. c. 65C). A $99,600 credit fully offsets the tax at exactly $2 million; above that, the tax is computed on the Table B graduated schedule (0.8% to 16%) and reduced by the credit. A $3 million estate owes about $82,400. The return (Form M-706) is due within 9 months. There is no inheritance tax.

What is the small estate limit in Massachusetts?

Massachusetts allows voluntary administration when the personal property is $25,000 or less (excluding one motor vehicle) and there is no real estate, at least 30 days after death, under M.G.L. c. 190B, § 3-1201. The filing fee is $115 versus $390 for standard probate. The $25,000 ceiling is fixed by statute and not adjusted for inflation.

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Q: How long does probate take in Massachusetts?

Informal probate often takes 6 to 12 months; voluntary administration 1 to 3 months. The 1-year creditor claim period and the 9-month estate-tax deadline shape the timeline.

How probate costs work in Massachusetts

Probate in Massachusetts runs through the Probate and Family Court in the county where the person lived — Middlesex, Worcester, Essex, Suffolk (Boston), Norfolk, Plymouth and the state's 14 counties — under the Massachusetts Uniform Probate Code (MUPC). Massachusetts sets no percentage fee schedule (fees are "reasonable"), has a flat $390 filing fee, and levies its own estate tax with one of the lowest thresholds in the country ($2 million).

1. Personal representative fee — reasonable, no %

M.G.L. c. 190B, § 3-719: the personal representative is entitled to reasonable compensation for services — the MUPC sets no percentage. The probate court may award what it finds just (c. 206, § 16), weighing the size, complexity, time and results. In practice this often runs about 2% to 4% of the estate.

On a $500,000 estate, 3% is $15,000. Because there's no set rate, good records matter — the court can reduce a fee that isn't supported. Family members serving as PR often waive it.

2. Attorney fees — also reasonable

Attorney compensation is likewise "reasonable," with no statutory percentage. Massachusetts does not set attorney fees on a schedule, so a simple estate often runs a few thousand dollars, more for complex or contested estates.

3. Court filing & other costs

Filing fee (M.G.L. c. 262, § 40) — $375 + $15 surcharge = $390, the same for informal and formal probate. Formal adds a $15 citation fee.
Publication of the citation — newspaper notice, ~$100–$300.
Bond, appraisals for the 3-month inventory, certified copies — as needed.

4. The Massachusetts estate tax — the low $2M threshold

MA estate tax (M.G.L. c. 65C): the threshold is just $2,000,000 — among the lowest in the US, not portable. A $99,600 credit zeroes the tax at exactly $2M; above that, the tax is computed on the Table B graduated schedule (0.8% to 16%) and reduced by the credit. A $3 million estate owes about $82,400. File Form M-706 within 9 months.

Because the MA threshold ($2M) is far below the federal threshold, many Massachusetts estates — especially with Greater Boston real estate — owe state estate tax while owing no federal tax. Massachusetts has no inheritance tax.

5. When probate can be simplified in Massachusetts

Voluntary administration — for personal property of $25,000 or less (excluding one vehicle), no real estate, 30 days after death, under M.G.L. c. 190B, § 3-1201. Filing fee $115.
Living trust, joint tenancy, POD/TOD — bypass probate (but the estate tax can still apply above $2M).

Cost component	Massachusetts figure	Source
PR fee	Reasonable (no %); ~2–4%	§ 3-719
Attorney fee	Reasonable; no schedule	MUPC
Filing fee	$390 ($375 + $15)	c. 262, § 40
Voluntary administration	$115; estates ≤ $25,000	§ 3-1201
Estate tax	Above $2M; 0.8–16% (Table B)	c. 65C
Inheritance tax	None	MA DOR

Massachusetts probate cost — frequently asked questions

How much does probate cost in Boston / Middlesex County?

The fee rules are statewide; only the county Probate and Family Court differs. In Suffolk (Boston), Middlesex, Worcester or Essex, a $500,000 estate has about a $15,000 PR fee (3%), a separate attorney fee, and the $390 filing fee. Large estates — common with Greater Boston real estate — may separately owe Massachusetts estate tax above the $2 million threshold, usually the biggest number.

Why is the Massachusetts estate tax such a concern?

Because the $2 million threshold is one of the lowest in the country and hasn't been indexed for inflation since 2003 — a Greater Boston home plus retirement accounts can cross it. It's not portable between spouses. Above $2M the tax is computed on the whole taxable estate via Table B and reduced by the $99,600 credit, so a $3M estate owes about $82,400 and a $5M estate about $292,000.

Does the $2 million work like a normal exemption?

Effectively yes, since 2023. The old "cliff" (crossing the line taxed the entire estate from the first dollar) was replaced by a $99,600 credit that offsets the tax at exactly $2M, so in practice you pay roughly on the excess — though computed on the graduated Table B, which climbs faster than a flat rate on the excess would.

What is voluntary administration?

It's the Massachusetts small estate track (M.G.L. c. 190B, § 3-1201): personal property $25,000 or less (excluding one vehicle), no real estate, 30 days after death. The filing fee is $115 versus $390, and it typically finishes in 1–3 months.

How long does probate take in Massachusetts?

Informal probate often takes 6–12 months; voluntary administration 1–3 months. The 1-year creditor claim period and the 9-month estate-tax deadline shape the timeline.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Massachusetts sets no fee percentage; PR and attorney fees are "reasonable" under the MUPC (M.G.L. c. 190B, § 3-719) and c. 206, § 16. The filing fee is $390. The estate-tax estimate uses the $2,000,000 threshold, the $99,600 credit, and the Table B graduated schedule (M.G.L. c. 65C) — the exact figure comes from Form M-706. Voluntary administration is available up to $25,000. Massachusetts has no inheritance tax. Confirm current figures with the Probate and Family Court, the Massachusetts Department of Revenue, or a licensed Massachusetts attorney before acting.