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Massachusetts Informal vs Formal Probate

Most Massachusetts estates never see a judge at all — informal probate is handled administratively, and formal probate only kicks in once something is actually in dispute.

M.G.L. c. 190B, Article III

By the FigureMyTax Editorial Team · How we calculate

Quick answer: informal probate, handled by a magistrate without a hearing, covers the great majority of Massachusetts estates. Formal probate goes before a judge and applies once there's a will contest, a heir dispute, or another genuine question the court needs to resolve. See how this affects your own estimate in the Massachusetts probate timeline calculator.

Side by side

Informal ProbateFormal Probate
Decided byMagistrate, no hearingJudge, often with a hearing
Used forUncontested estates, clear will or heirsContested wills, disputed heirship, unresolved questions
Typical duration12–14 months (creditor window sets the floor)Longer — adds scheduling and hearing time
Filing fee$390$390 + $15 citation fee

What actually forces an estate into formal probate

The common triggers: a will contest, disagreement among heirs about who should serve as personal representative, doubt about a will's validity, or a need for the court to formally determine who the legal heirs are in an intestate estate. Any of these takes the estate out of the streamlined, magistrate-handled informal track and puts it in front of a judge instead.

A third track: voluntary administration

For genuinely small estates — personal property of $25,000 or less, excluding one vehicle, and no real estate — voluntary administration is faster and cheaper than either informal or formal probate: a $115 filing fee, available 30 days after death, and typically finished in 1 to 3 months. It isn't a version of informal probate; it's a separate, smaller procedure entirely.

Facing probate in Massachusetts?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Massachusetts attorney

Informal vs formal probate — frequently asked questions

What's the difference between informal and formal probate in Massachusetts?

Informal probate is handled largely by a magistrate without a court hearing, for uncontested estates with a clear will or clear heirs. Formal probate goes before a judge and is required when the will is contested, heirs disagree, or there's uncertainty about who the rightful heirs are.

Is voluntary administration the same as informal probate in Massachusetts?

No — voluntary administration is a separate, smaller small-estate track for personal property of $25,000 or less with no real estate, available 30 days after death. Informal probate covers larger, uncontested estates and doesn't have that dollar cap.

When is formal probate required in Massachusetts?

When the will is contested, there's no will and heirs disagree on who should serve, the will's validity is in question, or a formal determination of heirs is needed — any dispute pushes the estate out of the informal track.

Does formal probate take longer than informal probate in Massachusetts?

Yes. Formal probate requires a judge's review and often a hearing, adding scheduling time and procedural steps that informal probate, handled administratively by a magistrate, generally avoids.

Keep going

Massachusetts Probate Timeline CalculatorYour estimate, based on your answers Massachusetts Probate DeadlinesEvery statutory date, with citations What Delays Probate in MassachusettsBeyond the statutory floor Massachusetts Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on M.G.L. c. 190B. Which track applies to a specific estate depends on its own facts. Consult a licensed Massachusetts attorney before proceeding.