Massachusetts Probate & Estate Administration
A loved one just passed away.
Now what do we do?
Our team is here to help you and guide your family through Massachusetts probate. Call us and we’ll walk you through the road map. We prepare, explain, and file all the documents and taxes — our goal is to make this easy for you.
Prefer to talk now? 401-324-9344
Attorney Fabisch is a former Rhode Island Probate Judge, proudly recognized by:
Why families partner with Fabisch Law Offices
What does it cost?
Some estate administration attorneys set their fee as a percentage of the assets. We don’t. We calculate a flat fee based on the types of accounts, the number of properties, and the number of unique assets. Whether an account holds $1,000 or $1,000,000, the effort is the same for us — so we never charge you more because there’s more in the account.
How does this work?
Self-schedule online or call us for a free, no-obligation consultation. On the call we get to know you and what’s going on — the details matter — walk you through the steps of carrying out an estate, answer your questions, and gather what we need to give you clear pricing.
A free follow-up meeting
Many families are ready to move forward after that first call. But when we offer multiple packages and paths, we’re always glad to meet again — in person or by phone — to walk through the proposals in depth. We want you confident in the firm you choose.
Self-schedule your discovery call
Whether you have a few questions or you’re ready to move forward, our team will guide you through this. You don’t have to do it alone.
Schedule NowPrefer to talk now? 401-324-9344
There is (or isn’t) a will. Can Fabisch Law Offices help? Yes.
Did your mother or father recently pass away? Perhaps another close family member — maybe even your own brother or sister. Whichever loved one you’ve lost, our team is here for you every step of the way.
Whether there’s a will, no will, or you’re unsure, we can help. Maybe your family gets along great. Maybe there’s a person or two you haven’t spoken with in years. There isn’t a family dynamic we haven’t worked with before — nothing will be out of the ordinary for us. Give us the details and the background, and we’ll take it from there. There may be nothing more stressful and emotional than losing a loved one; don’t add the stress of trying to decipher the statutes on top of it.
How Massachusetts probate works
Massachusetts runs on the Massachusetts Uniform Probate Code (MUPC) — a different system from Rhode Island’s, with its own vocabulary and paths. Estates are handled by the Probate and Family Court in the county where your loved one lived (Bristol, Norfolk, Plymouth, Worcester, and the rest). The person who settles the estate is the Personal Representative — the MUPC term that replaced both “executor” and “administrator.” The first big decision is which of three tracks fits the estate:
- Voluntary administration (small estates). For modest estates — personal property of $25,000 or less (excluding one motor vehicle) and no real estate — a simplified affidavit can be filed beginning 30 days after death, without a full appointment.
- Informal probate. The faster, lighter-touch path: a court Magistrate — not a judge — approves the appointment without a hearing when there’s a clear will (or clear intestacy), the heirs are known and in agreement, and nothing is contested. Most uncontested estates go this route.
- Formal probate. The court-supervised path before a judge, required when a will is contested or unclear, heirs are missing, the named representative won’t serve, or the estate can’t cover its debts.
Two timing rules surprise families: you generally must wait seven days after death before a Personal Representative can be appointed, and probate must usually be started within three years of death — after that, the options narrow sharply. Informal probate commonly runs three to nine months; formal probate often a year or more. Mis-published creditor notices, commingled funds, and early distributions are what stretch timelines and create personal liability.
Massachusetts also has its own state estate tax, separate from the federal one, which can apply once an estate exceeds the Massachusetts exemption — on top of the decedent’s final income tax return and any capital-gains questions. We flag this early so there are no surprises. We handle estates across Massachusetts’ counties — the filings, notices, inventory, creditor claims, tax matters, and distributions — so you’re protected as Personal Representative and can focus on your family. For the simplified track, read our guide to Massachusetts informal probate →
There are so many bills and debts. Where do I even start?
When someone passes away, the bills keep coming. Creditors call, medical bills arrive, and it gets overwhelming fast. But after a death there is a legal priority for which debts get paid — and some don’t need to be paid at all.
As Personal Representative, paying a bill out of priority can become your personal liability. Understanding your rights first is critical. Don’t pay a single bill or creditor until you speak with us. Call 401-324-9344.
Massachusetts probate: common questions
What is the difference between informal and formal probate?
Informal probate is the streamlined MUPC path: a court Magistrate approves the Personal Representative without a hearing, which works when the will is clear, the heirs agree, and nothing is contested. Formal probate goes before a judge and is required for disputes, an unclear or missing will, missing heirs, or a representative who needs court supervision.
What is a Personal Representative in Massachusetts?
Under the Massachusetts Uniform Probate Code, “Personal Representative” is the single term for the person who settles the estate — what older law called the executor (with a will) or administrator (without one). The role carries the same duties and the same personal liability for getting it wrong.
What is voluntary administration?
It’s the Massachusetts small-estate shortcut. When the estate’s personal property is $25,000 or less (not counting one motor vehicle) and there’s no real estate, a voluntary administrator can file a simple affidavit 30 days after death instead of opening a full probate.
How long do I have to file probate in Massachusetts?
Generally three years from the date of death to start probate under the MUPC — and you must wait at least seven days after death before a Personal Representative can be appointed. Letting the three-year window pass limits your options, so it’s best not to delay.
Is there a Massachusetts estate tax?
Yes — Massachusetts has its own estate tax, separate from the federal estate tax, that can apply once an estate exceeds the state exemption. Whether it applies depends on the size of the estate; we determine early whether a Massachusetts estate-tax return is required.
About us — a note from Matthew Fabisch
Probate is never just about legal processes — it’s about families, legacies, and navigating difficult emotions during times of loss. At Fabisch Law Offices, we understand how overwhelming it can feel. You’re grieving, and yet you’re facing what can feel like a maze of paperwork, deadlines, and court proceedings.
My perspective is a little unusual. As one of the youngest probate judges in Rhode Island, I had the privilege of helping families through some of the most sensitive matters they ever faced — and I saw how, without a clear plan, grief could turn probate into a battleground. Those years taught me that with the right guidance, probate doesn’t have to tear families apart. That experience shapes how we handle every Massachusetts estate, too.
Whatever your situation, we’ll take the time to listen, understand your concerns, and craft a plan for the best possible outcome. Let us handle the legal complexities, so you can focus on what really matters: honoring your loved one and supporting your family.
— Matthew L. Fabisch
What our clients say
“When I was afraid an executor was not on the up and up, Matt investigated the situation and gave me practical advice that saved my family thousands.”Peter Q., Massachusetts
“Matt and his team helped us get through the administrative nightmare and made sure probate court was smooth and simple. His advice and guidance is invaluable.”Jessica G., Rhode Island
A premier New England probate firm — serving all of Massachusetts
We administer estates across Massachusetts’ many counties, and we make working with us easy. Many of our clients we’ve never met in person — every step can be done remotely, by phone or Zoom. Our North Attleboro office offers easy access along the South Coast and East Bay.
North Attleboro, MA
80 Broadway, Unit 56
North Attleboro, MA 02760
(By appointment)
Pawtucket, RI
2 Dexter Street
Pawtucket, RI 02860
(By appointment)
Bristol, RI
555 Metacom Avenue
Bristol, RI 02809
(By appointment)
Claim your free consultation today
Learn how we partner with you through your role as Personal Representative — opening the estate, handling notices and creditors, the tax filings, and every crucial step.
Schedule a Call OnlinePrefer to talk now? 401-324-9344
Is the estate in Rhode Island instead?
Rhode Island runs through a different, town-level court system with its own rules and timelines. If you’re settling an estate in RI, see our Rhode Island Probate page →