The Estate Planning Guide Est. 2026

Massachusetts Probate Fee Sheet (Printable)

By The Estate Planning Guide Editorial Team Researched against primary sources

Published August 15, 2026 5 min read

Quick answer

Massachusetts does not set probate fees by statute. Under the Massachusetts Uniform Probate Code (MUPC), the personal representative and the attorney are each entitled to 'reasonable compensation' — there's no percentage formula — so most routine estates run $3,000 to $10,000+ in attorney fees plus a $390 court filing fee. The bigger Massachusetts cost is often the state estate tax, which kicks in at just $2,000,000 (one of the lowest thresholds in the country) and isn't indexed for inflation.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Massachusetts with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Massachusetts reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Massachusetts probate pages.

Massachusetts probate fees

Item Massachusetts
Court filing fee The total filing fee to open an informal probate is about $390 (a $375 petition fee plus a $15 surcharge to assign a docket number), per the Probate and Family Court schedule. Certified copies, citation publication, and a surety bond (if required) add modest extra costs.
Attorney fees Not statutory. Massachusetts has no percentage fee schedule. Attorneys charge hourly or a negotiated flat fee, and fees paid from the estate must be 'reasonable.' Routine informal probate commonly runs $3,000 to $10,000+ in legal fees depending on complexity.
Executor / personal representative fees Not statutory. Under M.G.L. c. 190B, §3-719, the personal representative is entitled to 'reasonable compensation' for services rendered — there is no California-style percentage commission. The Probate and Family Court can review compensation for reasonableness if an interested person objects.
Fee basis reasonable

Worked example

On a $500,000 Massachusetts estate there is no fixed commission. A straightforward estate handled by a family member might involve a few thousand dollars of compensation (or a waived fee), while a professional fiduciary billing hourly could reach the low five figures — the probate court reviews the amount for reasonableness.

Massachusetts thresholds and deadlines

Item Massachusetts
Small-estate threshold Voluntary administration is available when the decedent's total personal property is $25,000 or less, excluding the value of one motor vehicle, and at least 30 days have passed since death, under M.G.L. c. 190B, §3-1201. It does not cover real estate.
Creditor claim period One year from the date of death, under M.G.L. c. 190B, §3-803. A personal representative is generally not answerable to a creditor unless suit is brought (and the representative served or a notice filed with the register) within that one-year window.
Typical duration About 9 to 18 months for a routine informal estate. The practical floor is the one-year creditor period: under M.G.L. c. 190B, §3-803, a personal representative generally isn't liable to a creditor unless the action is brought within one year of the date of death, so most representatives wait out that year before final distribution.
Transfer-on-death deed Massachusetts does NOT have a transfer-on-death (beneficiary) deed for real estate. Unlike roughly 30 other states, Massachusetts does not recognize TOD deeds, so owners who want to pass real estate outside probate use a revocable living trust or joint ownership with right of survivorship. TOD/POD designations remain available for bank and brokerage accounts, just not for real estate deeds.
Note on the creditor-claim clock. The period above does not start on the same event in every state — depending on the statute it can run from the date of death, from the date letters are issued to the personal representative, or from first publication of notice. The Massachusetts trigger is stated in the row above, as written in the statute.

What passes outside Massachusetts probate

These transfers are not part of the estate the fees above are calculated on:

  • Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
  • Joint ownership with right of survivorship.
  • Transfer-on-death deed — Massachusetts does NOT have a transfer-on-death (beneficiary) deed for real estate. Unlike roughly 30 other states, Massachusetts does not recognize TOD deeds, so owners who want to pass real estate outside probate use a revocable living trust or joint ownership with right of survivorship. TOD/POD designations remain available for bank and brokerage accounts, just not for real estate deeds.
  • Assets titled into a funded living trust.

Sources for this sheet

Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Massachusetts court before relying on it.

The full Massachusetts guides

Fee sheets for other states

California · Texas · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · New Jersey · Washington · Arizona · Colorado · Maryland · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · New Mexico · North Dakota · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming

This sheet sets out Massachusetts probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Massachusetts courts or a licensed Massachusetts attorney.

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