Losing a parent, spouse, or family member is disorienting enough without discovering, weeks later, that their house, bank accounts, and belongings can't simply be handed over — even to a surviving spouse or child. A common misconception is that a will avoids probate entirely, or that a spouse automatically inherits everything. Neither is true in Massachusetts. If your loved one owned real estate or other assets solely in their own name, their estate will very likely need to go through the Probate and Family Court, whether or not they left a will — and if they died without one, Massachusetts' intestate succession laws, not your family's wishes, decide who inherits and how much. Families across Norfolk, Plymouth, and Bristol County — in Wrentham, Foxborough, Walpole, Franklin, Plainville, and beyond — are often surprised by this in the middle of grieving, which is exactly when they need clear guidance and a local, experienced attorney the most.

Massachusetts offers a few different paths through probate, and knowing which one applies can save your family months of delay and thousands of dollars. If there's a valid will, the original document and a certified death certificate, and no dispute over who should serve as personal representative, “informal probate” can often move forward through the Probate and Family Court's magistrate process — the fastest option, though state law requires a minimum seven-day waiting period after death before it can even begin.

When there's a will contest, missing heirs, or other complications, “formal probate” requires a hearing before a judge instead. If there's no will at all, Massachusetts intestacy law steps in: a surviving spouse doesn't necessarily inherit the whole estate. If the decedent had children from a prior relationship, the spouse typically receives only the first $100,000 plus half of what remains, with the rest divided among the children — a result that catches blended families off guard more often than any other part of the process.

This is precisely where local experience changes the outcome for a grieving family. A personal representative (what Massachusetts now calls an executor or administrator) takes on real legal responsibilities — inventorying assets, notifying creditors, paying valid debts and taxes, and distributing what remains — and can be held personally liable for mistakes made along the way. An attorney who regularly appears before the Norfolk Probate and Family Court in Canton understands its specific filing practices, timelines, and the judges and magistrates who review these cases, and can spot early whether an estate qualifies for a simplified process or is headed toward a contested, formal proceeding. A firm from outside the area — or a generic online legal service — doesn't have that day-to-day familiarity, and families are left guessing at deadlines while the estate's assets sit frozen.

At Wood & Gresham, P.C., we walk spouses, adult children, and families through every step of probating a loved one's estate in Massachusetts, whether or not there's a will. We help personal representatives understand their duties and avoid the personal liability that comes with getting them wrong, we handle the filings and creditor notice periods correctly the first time, and when a will contest, disputed heirship, or family disagreement turns an estate contentious, we provide the litigation experience to protect our clients' interests in court. Every family's situation is different, so we start with a free, no-pressure consultation to explain exactly what your loved one's estate will require — informal probate, formal probate, or a simplified small-estate process — before you commit to anything.

Grief doesn't pause the legal deadlines that come with settling an estate, and the assets your family is relying on often can't be accessed, sold, or distributed until probate is properly opened and administered. You don't have to sort through Massachusetts probate law on your own, and you don't have to wait until a deadline is missed or a sibling disagreement turns into a court fight. If you've lost a loved one and need to probate their estate anywhere in Norfolk, Plymouth, Suffolk or Bristol County, contact Wood & Gresham, P.C. today for a consultation — in person or by video, at a pace that respects what your family is going through. Call or text (508) 384-2008, or email dgresham@woodgresham.com or dwood@woodgresham.com to speak with a local, experienced probate attorney who will guide your family through every step.

FAQ

Q: Do you have to probate an estate in Massachusetts if there's a will?

A: Often, yes. A will directs how assets should be distributed, but if the decedent owned real estate or other assets solely in their name, the estate generally still must go through the Probate and Family Court to legally transfer that property, even with a valid will.

Q: What happens if someone dies without a will in Massachusetts?

A: Their estate passes under Massachusetts intestate succession law rather than personal wishes. A surviving spouse does not automatically inherit everything — if the decedent had children from a prior relationship, for example, the spouse and children each receive a defined statutory share.

Q: How long does probate take in Massachusetts?

A: It varies. Informal probate can begin as early as seven days after death and, for simple, uncontested estates, may resolve in several months. Formal probate, contested estates, or will contests can take considerably longer, which is one reason early legal guidance matters.