Short answer

Generally no. Assets that pass automatically to another person by right of survivorship (for example, a joint bank account titled as joint tenants with right of survivorship or real estate held in joint tenancy) typically pass outside probate and are not part of the decedent’s probate estate, so they are not usually listed on the probate inventory filed with the Probate and Family Court. However, there are important exceptions and practical steps to take in Massachusetts, and sometimes a personal representative should still disclose or document these assets to the court or creditors.

What “right of survivorship” means

Right of survivorship is a way of holding title so that when one co-owner dies, ownership automatically vests in the surviving co-owner(s) without passing through probate. Common examples include:

• Bank or brokerage accounts titled as joint tenants with right of survivorship (JTWROS) or with a payable-on-death (POD) designation.
• Real estate held as joint tenants (sometimes called joint tenancy with right of survivorship).
• Accounts or contracts that name a beneficiary (life insurance, IRAs, 401(k)s) that pass to the named beneficiary on death.

Massachusetts law and probate inventories — the basic rule

The Probate Code in Massachusetts (Chapter 190B of the Massachusetts General Laws) governs administration of decedents’ estates and the duties of personal representatives. The inventory requirement generally covers the decedent’s probate assets—the property that belongs to the estate and that the personal representative controls for purposes of administration. Property that passes automatically by operation of law to a surviving owner or beneficiary is typically not part of the probate estate and therefore not inventoried as estate property. For the statutory framework, see Chapter 190B of the Massachusetts General Laws: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.

When you still should identify or disclose survivorship assets

Even though survivorship assets generally pass outside probate, in these common situations you should still identify and possibly disclose them to the personal representative or the court:

• If the beneficiary or surviving joint owner is uncertain and the personal representative needs to determine total estate value for creditor notice, allowances, or estate administration.
• If a joint account or joint tenancy is disputed — for example, if the decedent contributed most of the funds but title was in both names for convenience. Courts sometimes treat such arrangements as constructive trusts or estate property in appropriate circumstances.
• If a creditor’s claim might reach the asset despite survivorship (facts vary by case), or where Massachusetts law or the court directs disclosure for administration purposes.
• If the asset’s characterization is ambiguous (e.g., joint tenancy language is missing or the account has mixed features such as POD but also joint-signature access).
• If there are tax reporting obligations or estate-relevant transfers that the personal representative must account for.

Practical steps to take

If you are handling an estate or inheriting property that passed by survivorship to your mother, follow these steps:

1. Gather documents: original deed, account statements, beneficiary designation forms, insurance policies, retirement plan paperwork, and the death certificate.
2. Confirm title language: For real estate, review the deed wording to confirm whether it is joint tenancy with right of survivorship or tenancy in common (the latter does not pass automatically).
3. Contact the institution: Banks, brokerages and insurers will explain their required steps to transfer or retitle assets that pass by survivorship and what documentation they need (often death certificate and proof of identity).
4. Talk to the personal representative (if one is appointed): If you are not the personal representative, let that person know about survivorship assets so they can decide whether to list or note them in estate filings.
5. Consider disclosure if in doubt: If there’s any question about whether an asset truly passed outside probate or whether it is subject to creditor claims or disputes, disclose it to the personal representative or the court. Disclosure avoids later accusations of concealment.
6. Get legal advice for disputes: If another heir or creditor disputes the survivorship claim, you should consult a probate attorney right away.

Example scenarios

Here are two short hypotheticals to illustrate how the rule works in practice:

• Bank account held as JTWROS with mother: On death of the other owner, the funds transfer to the surviving joint owner (your mother). Those funds normally are not part of the probate inventory and the personal representative need not list them as estate property, although the representative should know about them in case of creditor issues.
• Real estate titled as tenancy in common: If the decedent’s interest was held as tenancy in common (not joint tenancy), that interest does not pass by survivorship and must be administered and inventoried in probate.

When to consult an attorney

Talk to a Massachusetts probate attorney if any of the following apply:

• Title or beneficiary language is ambiguous or contested.
• There are substantial creditor claims or tax issues.
• A family member contests that a transfer was intended to be survivorship property.
• Large or complex estate administration is required and you are the personal representative.

Helpful resources

• Massachusetts General Laws, Chapter 190B (probate code): malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B
• General state guidance about actions after a death (practical checklists and Probate & Family Court resources): www.mass.gov/guides/what-to-do-when-someone-dies

Helpful Hints

• Don’t assume: always verify account titles and deed language instead of relying on how the parties informally described ownership.
• Keep records: retain copies of death certificates, account statements, deeds and communications with institutions—these speed transfer and protect against disputes.
• If you are the personal representative, provide a short written inventory note to the court or file that distinguishes probate assets from non‑probate survivorship transfers when appropriate.
• When in doubt about potential creditor exposure or family disputes, get a consultation with a probate lawyer before moving or spending significant funds.
• Remember beneficiary designations override wills for those specific accounts—check retirement and life insurance paperwork early.