Estate Administration and Unclaimed Property Claims in Massachusetts
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Estate Administration: Probate and Family Court
The Probate and Family Court oversees estate administration in Massachusetts under Massachusetts General Laws Chapter 210. To open an estate, you file a petition in the Probate and Family Court in the county where the decedent lived. The court reviews the will (if any), certifies the executor or personal representative, and supervises asset distribution according to MGL c. 210 (see statute).
You can find your local Probate and Family Court:
Unclaimed Property Claims: State Treasurer’s Office
Massachusetts requires businesses and financial institutions to turn over unclaimed intangible property—such as uncashed checks, dormant bank accounts, and insurance proceeds—to the State Treasurer after a dormancy period. The Treasurer’s Unclaimed Property Division handles these claims under Massachusetts General Laws Chapter 200A (see statute).
To search for and claim property:
- Visit the Unclaimed Property Division’s database: treasurer.state.ma.us/unclaimed-property
- Submit a claim form online or by mail with proof of identity and ownership.
Key Differences
- Probate and Family Court: Handles estates of deceased persons and supervises distribution of assets under MGL c. 210.
- Unclaimed Property Division: Manages abandoned intangible property held by the state under MGL c. 200A.
Helpful Hints
- Gather the decedent’s will, death certificate, and asset inventory before filing for probate.
- Locate your Probate and Family Court at mass.gov/find-your-probate-court.
- Search the unclaimed property database at treasurer.state.ma.us/unclaimed-property.
- Prepare proof of identity (e.g., driver’s license) and proof of ownership (e.g., account statements) for unclaimed property claims.
- Consult a qualified Massachusetts attorney for guidance specific to your situation.