Detailed Answer
Massachusetts does not use the terms “common form” and “solemn form” probate. Instead, the Probate and Family Court handles two primary estate processes under the Massachusetts Uniform Probate Code (MUPC): informal probate (sometimes called voluntary administration for small estates) and formal probate.
1. Informal Probate (Small Estate Administration)
Informal probate applies when the total value of the decedent’s personal property (excluding real estate) falls below a statutory threshold (currently $25,000). No court hearing or bond is required if the decedent left a valid will and the will names a personal representative. The court issues letters of voluntary administration upon submission of a simple petition, affidavit of heirs or beneficiaries, and an inventory of assets.
Key statute: M.G.L. c.190B § 4-101 (link).
2. Formal Probate
Formal probate covers estates exceeding the small‐estate threshold or situations involving will contests, unclear heirs, or when the court must supervise the personal representative. It requires:
- Filing a petition for probate of will or appointment of a personal representative.
- Notice to heirs, beneficiaries, and creditors.
- A court hearing before a judge.
- Filing an inventory, accountings, and potentially posting a bond.
Key statute: M.G.L. c.190B § 3-201 (link).
3. Major Differences
- Court Supervision: Informal probate requires minimal oversight.
- Complexity & Cost: Formal probate involves hearings, notices, and higher filing fees.
- Timing: Informal can close faster; formal takes longer due to procedural steps.
Helpful Hints
- Determine the estate’s value early to choose the right process.
- Gather the original will and asset statements before filing.
- Consult the Probate Court clerk for local fee schedules.
- Meet notice deadlines to avoid delays or challenges.
- Track deadlines for inventory and accounting submissions.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before making estate‐planning or probate decisions.