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Settling an estate in Massachusetts

In Massachusetts, probate typically takes 9-18 months. Estates under $25,000 can usually use a simpler small-estate process. Massachusetts has state estate tax and no inheritance tax.

The key numbers

Reviewed January 2026
Typical probate timeline
9-18 months
Small estate limit
$25,000
Small estate process
Voluntary Administration for estates ≤$25K (excluding real estate). File Form MPC 170.
Deadline to file the will / open probate
Within 30 days of death (recommended)
State estate tax
Yes, over $2 million
Inheritance tax
No
Executor pay
Reasonable compensation, typically 1-3% of estate value.
Community property state
No
Homestead protection
$500,000 homestead exemption (must be filed)

MA estate tax has a $2M threshold. Unique: if estate exceeds the exemption, the ENTIRE estate is taxed (similar to NY cliff).

Deadlines to know

Voluntary Administration
30 days after death
Creditor claims period
1 year from date of death
Inventory filing
3 months from appointment
Estate tax return
9 months from death

Common questions

How long does probate take in Massachusetts?

Probate in Massachusetts typically takes 9-18 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.

What is the small estate limit in Massachusetts?

$25,000. Voluntary Administration for estates ≤$25K (excluding real estate). File Form MPC 170.

Does Massachusetts have an estate or inheritance tax?

Yes. Massachusetts has a state estate tax on estates over $2 million. It has no inheritance tax. MA estate tax has a $2M threshold. Unique: if estate exceeds the exemption, the ENTIRE estate is taxed (similar to NY cliff).

How much does an executor get paid in Massachusetts?

Reasonable compensation, typically 1-3% of estate value.

Next steps

Read the full Massachusetts estate settlement guide, or start with Executor 101.

Get a Massachusetts checklist with Afterward →

Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Massachusetts probate court in the county where your loved one lived, or a local estate attorney.